mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3852 of 2008 Mahadev M. Salunkhe .. Petitioner versus Shri Tukaram H. Salunkhe .. Respondent ... Mr.A.B. Avhad for the petitioner. Mr.Balasaheb Deshmukh for the respondent. CORAM : A.M.KHANWILKAR, J DATED : 12th August 2008 P.C.: 1. No interference in exercise of writ jurisdiction under Article 227 of the Constitution of India is warranted, save and except to clarify the position that the respondents shall carry out construction only in accord with the sanctioned plan and not deviate in any manner therefrom. In any case, the respondent carries out any construction which is not consistent with the sanctioned plan, the petitioner will be free to invite the attention of the lower court in that behalf which application will be considered on its own merits 2. Petition is disposed off accordingly. 3. Needless to observe that the construction to be carried out by the respondent will be entirely at the risk of the respondent and subject to the outcome of the proceedings pending before the lower court and respondent shall not claim any equity in that behalf at a later point of time. Respondent shall abide by the further directions to be passed by the trial court in respect of the said wall to be constructed in view of the liberty granted by the lower court. . Ordered accordingly. (A.M.KHANWILKAR, J)