A.S.CHANDURKAR
Satish – Appellant
Versus
Gopal Ramnarayan Mundhada – Respondent
1. Rule. Heard finally with the consent of the learned Counsel for the parties.
2. This writ petition at the instance of the original plaintiff takes exception to the order dated 2-4-2014 thereby deciding the preliminary issue as regards jurisdiction of the Civil Court to consider the reliefs sought in the plaint. The relevant facts are that according to the petitioner – plaintiff, there is a temple near his house in which various religious activities are regularly conducted. The respondent Nos.1 to 3 – defendant Nos.1 to 3 are having their residential house near said temple. In the month of May 2013, the petitioner noticed certain construction activities going on near the residential house of the respondent Nos.1 to 3. The petitioner learnt that a Hospital was being constructed at said place. According to the petitioner, the sanction for aforesaid construction that was granted by the respondent No.4 – Municipal Corporation was contrary to the building bye-laws. According to the plaintiff, said construction activity was likely to result in various difficulties to the persons residing in the vicinity of the same. The petitioner, therefore, filed suit for declaration that t
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