WP 6689/10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6689/2010 Marathwada Rashtriya Mill Mazdoor Sangh V/s The State & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri D.M. Shinde, Advocate h/f Shri S.K. Barlota, Advocatei, Advocate for petitioner. Shri S.K. Kadam, AGP for respondent no.1. Shri M.V. Navandar, Advocate for respondent nos.2 & 3. Shri Sachin Deshmukh, Advocate for respondent no.4. Respondent no.5 served. CORAM: P.B. MAJMUDAR & S.S. SHINDE, JJ. Date: 02.05.2011 Heard learned counsel for the parties. By filing this petition, the prayer has made following prayers: “(C) By issuing appropriate writ, order or directions, the sale-deed dated 4.6.2010 executed in between the respondent no.3 and 4 in respect of the property bearing CTS No.208 situated at Kotwalpura, Aurangabad, admeasuring 18,943.00 square meters be quashed and set aside. (D) By issuing appropriate writ, order or WP 6689/10 2 directions, the respondent no.1 be directed to make detail enquiry through its appropriate agency in respect of the sale transaction between the respondent no.3 and 4 in respect of the property belongs to the respondent no.2 bearing CTS No.208, situated at Kotwalpura, Aurangabad, admeasuring 18,943.00 square meters and submit report thereof to this Hon’ble Court within period of 1 month.” On behalf of the petitioner, a request is made for adjournment. However, the learned counsel for the respondents submit that the prayers made in the petition cannot be granted by this Court in view of the accepted position that when the civil suit between the parties is already pending, this Court may not interfere. Even otherwise, the prayer made in the petition cannot be granted by this Court in its extraordinary jurisdiction under Article 226 of the Constitution of India. Hence, the appropriate remedy available to the petitioner is to file civil suit. It is pointed out to the Court that the civil suit is already filed by the petitioner. In view of above, this petition cannot WP 6689/10 3 be entertained. It will be open to the petitioner to proceed with the said in accordance with law. Subject to what is observed above, the petition is rejected. (S.S. Shinde, J.) (P.B. Majmudar, J.) Dt/- 02.05.2011 ndk/c25113