JUDGMENT F.I. Rebello, J.––It is not necessary to go into the various aspects of the matter as all that the respondent No. 5 has done is not to proceed with the matter since the competent Civil Court is seized of the matter. The petitioner is the plaintiff in the suit wherein he has challenged the construction done by the present respondents Nos. 1 and 2 on the ground of illegalities as pleaded in the plaint. The trial Court, after hearing the parties on motion for interim relief, has rejected the same. Once the Civil Court is seized of the matter and which has jurisdiction to decide the issue, the competent forum could exercise discretion not to decide whether, the construction as carried out violates the rules, regulations or bye-laws. Considering that, I find no fault in the decision of respondent No. 5 in not proceeding with the matter. If the petitioner is aggrieved with the order of the trial Court it is for him to seek the remedy which in law he is entitled to. In the light thereof, no interference is called for in the matter. Petition is rejected.