1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1569 OF 2008 WRIT PETITION NO.1569 OF 2008 WRIT PETITION NO.1569 OF 2008 Mrs.Jyoti Haresh Bhavsar & Ors. .. Petitioners vs. The State of Maharashtra & Ors. .. Respondents Mr.A.M.Saraogi for the petitioners Mr.Mandar Goswami, A.G.P. for respondent nos.1 Mrs.Shobha Ajeet Kumar for respondent nos.2 Mr.P.K.Dhakephalkar, Sr.Advocate with Mr.A.C.Singh and Mr.D.R.Shah for respondent nos.3 CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & Smt.V.K.TAHILRAMANI, JJ. Smt.V.K.TAHILRAMANI, JJ. Smt.V.K.TAHILRAMANI, JJ. DATE: 23RD MARCH, 2009 DATE: 23RD MARCH, 2009 DATE: 23RD MARCH, 2009 P.C. 1. Heard. 2. The petitioners are the tenants in the building owned by respondent nos.3. They have approached this court seeking a writ against respondent nos.2 Municipal Corporation to grant necessary permission to the petitioners tenant to carry out repairs to the tenements in the building known as Laxmi Niwas situated 2 at factory lane, Boriwali (W), Mumbai - 92 on the strength of reports of two architects and also seeks interim reliefs in the nature that till then respondent nos.2 and 3 be restrained from disturbing the possession of the petitioners alongwith other tenants in respect of the respective tenements situated in the subject building. 3. It is not disputed that litigation in this matter in relation to the subject matter is pending in the City Civil Court based on the same cause of action. Therefore, it will not be proper for this court to entertain the writ petition on the said subject matter. However, as the matter is being adjudicated before the City Civil Court, the apprehension on the part of the petitioners that they would be thrown out of the premises without following due process of law is misplaced. 4. With these observations, we dismiss the petition. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) 3 (Smt.V.K.Tahilramani, J.) (Smt.V.K.Tahilramani, J.) (Smt.V.K.Tahilramani, J.)