-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1735 OF 2008 Kishor Mansukhlal Kothari ...Petitioner versus Municipal Corporation of Gr. Bombay and others ... Respondents Mr. Sean Wasoodev, instructed by Mr. Rupesh R. Mandhare for the petitioner. Ms. Archana Joshi for respondent Nos. 1 to 5. Mr. D.H. Mehta with Ms. Kunjal Sanghvi, instructed by M/s. K.R. Parekh & Company, for respondent Nos. 7 to 12. CORAM: P.B. MAJMUDAR & A.A. SAYED, JJ. DATE: SEPTEMBER 15, 2008. P.C. By filing this petition, the petitioner has prayed that respondent Nos. 1 to 4 may be directed to take immediate steps for demolishing the pandal erected outside the garage of respondent No.12 in the compound/open space of the building Alankar, 59, Swami Nityanand Marg, Mumbai. It is further prayed that respondent Nos. 1 to 4 may take immediate steps for implementing the notice dated 22nd October, 2002 issued under Section 53 of the MRTP Act. 2. The main grievance of the petitioner is regarding pandal which is put outside the garage of respondent No.12. The learned counsel appearing -2- for respondent Nos. 7 to 12, however, submitted that this pandal is only temporary in nature for the monsoon period and that too upto 30th October, 2008. According to the learned counsel, in connection with the very pandal as well as for garage, a substantive suit has been filed by the petitioner along with other three plaintiffs in the Bombay City Civil Court at Bombay being Short Cause Suit No. 4731 of 2002. The learned counsel also placed on record copy of the plaint. On going through the plaint, it is clear that the issue regarding pandal is also subject matter pending before the City Civil Court and this Court would not like to encourage parallel proceedings in view of the fact that the suit is pending decision since last six years. The petitioner is at liberty to raise all available points in accordance with law in the pending suit before the City Civil Court at Bombay. The petition is accordingly disposed of. P. B. MAJMUDAR, J. A.A. SAYED, J.