- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.531 OF 2008 PETITION NO.531 OF 2008 PETITION NO.531 OF 2008 M/s.Laxmi Asbestor Products Ltd. ...Petitioner vs. Manav Kalyan Co-op Hsg. Soc.Ltd. & Ors. ...Respondents Mr.V.A.Thorat, Sr.Counsel with Mr.D.H.Mehta with Mr.A.R.Dhanuka for the petitioner Mr.P.G.Lad, A.G.P.for the respondent Nos.2 to 5 Mr.E.P.Bharucha, Sr.Counsel with Mr.Cyrus Bharucha i/b FZB Associates for Respondent No.1. CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 9,2008 : APRIL 9,2008 : APRIL 9,2008 P.C.: P.C.: P.C.: 1. Heard learned senior counsel for the Petitioner and the learned senior counsel for the first Respondent. I have also heard the learned A.G.P. for Respondent Nos.2 to 5. 2. The challenge in this petition under Article 226 of Constitution of India is to the orders passed by the Authorities under the Maharashtra Land Revenue Code,1966. It is well settled principle of law that the Authorities under the said Code of 1966 cannot decide the issue of title to the immoveable property. In any event, the orders which are passed by the Authorities under the said Code of 1966 are always subject to final outcome of civil suit between the parties. - 2 - 3. It is an admitted position that there is a civil suit bearing Suit (St.) No.509 of 2008 filed by the petitioner to which the first Respondent is the party-defendant which is pending in the Bombay City Civil Court, Goregaon, Bombay. As the civil suit is pending between the parties, considering the aforesaid settled legal position, it is not necessary to entertain this petition under Article 226 of Constitution of India where the challenge is to the order passed by the Authorities under the said Code of 1966. 4. Subject to what is observed above, Writ Petition is rejected. 5. All contentions of the parties on merits of the pending suit are expressly kept open. JUDGE JUDGE JUDGE