1 WP 3836/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3836 OF 2010 Vedanta Cultural Foundation ...Petitioner vs. Dhondy Estate & Ors. ...Respondents Mr.G.S. Godbole i/b. Mr.S.S. Kanetkar for the Petitioner. Ms.Madhuri Sakpal i/b. M/s.Thakur Law Associates for Respondent No.1. CORAM : J.H. BHATIA, J. DATED : SEPTEMBER 7, 2010 P.C. :- 1 Heard the learned Counsel for the parties. 2 The respondent no.1, who is owner of plot no.11 in old survey no.27 and 33 at village Malavali filed the suit contending that as per the Development Plan, there was a road which would be available for use to all the plot holders. Defendant No.4, who purchased parts of plot nos.1 and 2 and 2 WP 3836/2010 some other property adjacent to same, closed the road as per the plan and obstructed the public road by putting barricades. The defendant no.3 - Circle Officer Karla appears to have sanctioned the same. The order of defendant no.3 was challenged and injunction was sought requiring defendant no.4 to remove the barricades. It was contended by the plaintiff that all the 25 plot holders from Gat No. 68, Old Old Survey No.27 and 33 are likely to be affected by the barricades and therefore, the plaintiff sought permission to file representative suit under Order 1 Rule 8. The trial court granted the permission. The defendant no.4, who is the petitioner before this court, filed an application to recall that order. The trial court refused to recall the order and rejected the application of the defendant no.4. 3 That order is challenged in the present petition. After hearing the parties, I find no illegality or irregularity in the impugned order. 3 WP 3836/2010 Therefore, the writ petition is dismissed. 4 The learned Counsel for the petitioner seeks stay of this order for sometime. Therefore, further proceedings in the trial court shall remain stayed for period of six weeks from this date. (J.H. BHATIA, J.)