1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.1537 OF 2006 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- None for the petitoner. Mr.Amol A. Deshpande for respondents 2 and 3. CORAM : ANOOP V. MOHTA, J. DATED : 20.11.2008 P.C. The petitioner has challenged the rejection of his application under Order 26, Rule 2 of Civil Procedure Code dated 10.2.2005. Considering the material available on record rejected this application. The existence of completion or non-completion of construction, as observed, is not a matter in dispute when the main relief as claimed in the suit by the plaintiff for mandatory injunction to demolish is illegal construction. 2 Even otherwise, the petition is pending since then. Therefore, taking all this into account, the petition is dismissed as it is against the interlocutory order. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]