:1: bgp bgp bgp IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.4189 OF 2008 NO.4189 OF 2008 NO.4189 OF 2008 Vishal Tower Cooperative Housing Society Ltd. ..Petitioner Vs. Jagdish M.Nair & Ors. ..Respondents Mr.M.D.Angal i/b. Rukhmini Thokal for petitioner. Mr.R.S.Apte for respondent No.8. CORAM CORAM CORAM :- V.C.DAGA & :- V.C.DAGA & :- V.C.DAGA & MRS.MRIDULA MRS.MRIDULA MRS.MRIDULA BHATKAR,JJ. BHATKAR,JJ. BHATKAR,JJ. DATE DATE DATE : 27TH FEBRUARY,2009 : 27TH FEBRUARY,2009 : 27TH FEBRUARY,2009 P.C. P.C. P.C. 1. Heard learned Counsel for petitioner. 2. By this petition, the petitioner is seeking direction to the Corporation to demolish structure said to be illegal. 3. The factual matrix reveal that the petitioner had filed Regular Civil Suit No.306 of 1998 before the Civil Judge, Junior Division, Thane, wherein after full trial, the Trial Court came to the conclusion and declared that the structure of the two buildings existing one to the west side and another back side of the Vishal Tower constructed by Respondent Nos.5 and 9 in suit property bearing CTS No.216 (Part) admeasuring 4550 sq.mtrs. situated at Kolbad, Dist.Thane were illegal and unauthorised. :2: 4. Needless to mention that along with the relief of declaration, further relief of mandatory injunction ought to have been prayed for by the Plaintiff/petitioner,, which the plaintiff has failed to ask for. Now, the same relief petitioner is seeking to ask through this petition. Since the petitioner has failed to ask for mandatory relief in the year 1998 itself, today petition cannot be entertained at such a belated stage, so as to grant the same relief. 5. The petition is devoid of any substance, the same is dismissed in limine. No order as to costs. (MRIDULA (MRIDULA (MRIDULA BHATKAR,J.) BHATKAR,J.) BHATKAR,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.)