1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2119 OF 2009 IN WRIT PETITION NO.3418 OF 2007 Kisangir Gosavi & Ors. ..Petitioners V/s Nashik Municipal Corporation & Ors. ..Respondents Mr.Uday P.Warunjikar for the Petitioners. Mr.V.A.Gangal for Respondent Nos.1 & 2. Ms.S.S.Bhide, AGP for State. CORAM: F.I.REBELLO & K.K.TATED, JJ. DATE: 20th November, 2009. P.C.: 1. Considering the order dated 16.6.2008 passed by this Court, the petitioners have applied for leave to carry out construction.. 2. The issue which is the subject matter of the case, is now in issue before the Supreme Court and the matter is placed before the Constitution Bench. In the light of that, it will not be possible to grant relief as of now. However, liberty is granted to the applicant to apply afresh by fresh 2 application, after the Constitution Bench decides the matter. Application stands disposed of. (F.I.REBELLO, J.) (K.K.TATED, J.)