-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.849 OF 2008 Mr.Subramaniam Devendra & Ors. : Petitioners V/s. State of Maharashtra & Anr. : Respondents ... Mr.G.N.Salunke for the petitioners. Mr.A.B.Ketkar, Asstt. Govt. Pleader for respondent no.1. Ms S.M. Modle for respondent no.2. ... CORAM : S.B.MHASE & A.A.KUMBHAKONI,JJ. DATE : JUNE 12, 2008. P.C. 1. Heard the learned counsel for the parties. 2. The action in question has already been challenged by filing an injunction suit in the City Civil Court, Mumbai, wherein interim relief has been refused and an appeal in that regard is pending. In view of the fact that an alternative and equally efficacious remedy has already been availed of by the petitioner, this petition is not maintainable. Apart from that, according to the learned counsel -: 2 :- for the Corporation, the structure in question has already been demolished on 29.11.2007. All these facts persuade us not to entertain the petition. 3. The learned counsel for the petitioner states that he wants to amend the aforesaid pending suit. The petitioner may do so under Order VI Rule 17 of the C.P.C. by making an appropriate application before the Court and the Judge concerned may decide it on its own merits, without being influenced by this order. 4. The Writ Petition stands rejected. (A.A. KUMBHAKONI, J.) (S.B. MHASE, J.)