dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.9243 OF 2004 PETITION NO.9243 OF 2004 PETITION NO.9243 OF 2004 Madanlal Rupchand Gandhi Petitioner Vs. Narayan Choturam Sharma & ors. Respondents Mr.P.S.Dani for the Petitioner. Ms.Teja Katdare i/by Ms.Alpa Javeri for respondents 1, 2, 4, 5 & 6. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 10th December 2008. : 10th December 2008. : 10th December 2008. P.C. P.C. P.C. The petitioner has challenged two impugned orders at Exhibit "52" and Exhibit "54" in Regular Civil Suit No.44/1998. It is to be noted that Joint Civil Judge, Junior Division, Alibag permitted the defendants to construct the suit premises as described in paragraph 9(c) of the application so as to restore the position of the suit premises as prayed by them. The basic construction has already been completed. There is already order passed on Exhibit "56". Appeal No.88/2004 is pending for final disposal. The plaintiff if able to prove his tenancy right is entitled for all the benefits in accordance with law as per his area in occupation. The defendants have already kept area of 522 sq.ft. along with open space based upon the order dated 14.07.2004 passed on ( 2 ) Exhibit "56". Therefore, rejection of his application on Exhibit "52" by holding it to be premature need no interference by this Court. Having once granted permission to construct, there is no reason to grant order of removal of the construction. The defendants in fact allowed to construct by order dated 20.03.2000 by this Court in Writ Petition No.78/2000. The dismissal of application therefore not to initiate proceedings of contempt against the defendants in this background need no interference. The petition is, therefore, dismissed. No costs. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)