IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2978 OF 2020 WITH INTERIM APPLICATION NO.1128 OF 2025 IN WRIT PETITION NO.2978 OF 2020 Smt. Kamal Vilas Gaikwad ...Petitioner/Applicant V/s.

Ashfak Noormohammed Ansari and Anr. ...Respondents ______________

Ms. Anita Bhaktwani for the Petitioner/Applicant.

______________

CORAM: SANDEEP V. MARNE, J.

DATED: 22 DECEMBER 2025.

P.C.:

1) Petition challenges order dated 18 July 2019 passed by the Ad-hoc District Judge-2, Thane, dismissing Misc. Civil Appeal No.239 of 2017 and confirming the order dated 20 November 2017 passed by the 7^th Jt. Civil Judge, Junior Division, Bhiwandi on application at Exhibit-5 filed in Regular Civil Suit No.774 of 2016.

2) I have heard Ms. Bhaktwani, the learned counsel appearing for the Petitioner and have considered the submissions canvassed by her. She would invite my attention to Interim Application No.1128 of 2025 in support of her contention that the construction in question was demolished during pendency of the Suit and that the Defendants are in the process of constructing another illegal structure on the land in question. She submits that the Plaintiff has accordingly su