Helen Xavier Dcosta And ORS v. Evergreen Co Op Housing Soc Thr Its Chairman And ORS

31 WP-862 of 2022.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 862 OF 2022 BHARAT DASHARATH PANDIT Date: 2022.07.26 11:09:23 +0530 Helen Xavier D'Costa and Ors.

.... Petitioners.

V/s Evergreen Co-operative Housing Society and Ors.

.... Respondents.

----- Mr. Akash Warang a/w Siddesh Shetye for the Petitioners. Mr. Sanjay Shinde i/b Ergo Juris for Respondent Nos. 1, 18 and 19. Mr. A.P. Vanarase, AGP for Respondent No.27.

---- CORAM: NITIN W. SAMBRE, J.

DATE: JULY 20, 2022 P.C.:- 1] Since Court is not inclined to grant relief, on instructions from Petitioner No.1 who is present in Court, prayer is made for withdrawal of the Petition.

2] Petition stands disposed of as withdrawn.

3] However, this will not preclude the Petitioners from taking out civil proceedings before the competent Civil Court in view of law laid down in Mazda Construction vs. Sultanabad Darshan CHS Ltd. Reported in 2013 (2) ALL MR 278, which claim be decided on its own merits ( NITIN W. SAMBRE, J. ) 1/1