The Dheeraj Gaurav Heights v. M/S. Saphire Land Development Private Limited And ORS.
Digitally signed by VARSHA VIJAY RAJGURU Date:
2024.03.06 14:30:51 +0530 VARSHA VIJAY RAJGURU 13-wp-5260-2017.doc varsha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5260 OF 2017 The Dheeraj Gaurav Heights ... Petitioner vs.
M/s. Saphire Land Development Private Limited and Ors ... Respondents Mr. Mukesh Vashi, Senior Advocate alongwith Panthi Desai, i/b. M/s. M.P. Vashi and Associates, for Petitioner.
Ms. Mehek Chowdhary i/b. Jhangiani, Narula and Associates for Respondent No.3.
Mr. Syed Ahmed, for Respondent No.5.
Mrs. M.S. Bane, AGP for the State.
CORAM : GAURI GODSE, J.
DATED : 4th MARCH, 2024 P.C. :- 1.
Learned Senior Counsel appearing for the petitioner on instructions seeks leave to withdraw the application filed by the petitioner under section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, for grant of deemed conveyance with liberty to agitate the grievance and contentions of the petitioner in the pending Civil Suit which is already filed by the petitioner. 2.
Leave granted with liberty as prayed. Hence, the petition is disposed of by passing following order:
Page no. 1 of 2
13-wp-5260-2017.doc I) Petitioner is granted leave to withdraw the Application No. 14 of 2016, which was filed before respondent no.7. Consequently, the order impugned in the petition passed on 18th August 2016, by the Competent Authority on the said application would not survive and hence, quashed and set aside.
II) Petitioner is at liberty to agitate the grievance and contentions in the said Application No. 14 of 2016, in the pending Civil Suit No. 2318 of 2009, before this Court, which is filed by the petitioner.
3.
It is clarified that, I have not examined the rival contentions of the parties on merits. Hence, all contentions of all parties are kept open.
4.
Writ petition is disposed of in the above terms. (GAURI GODSE, J.) Page no. 2 of 2