Babybai Sukur Gaikar And ORS v. Sukur Park Co-Op. Hsg. Soc. Ltd. And ORS

09.wp.5967.2019.doc Shubham Talle IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 5967 OF 2019 Babybai Sukur Gaikar and Ors.

..Petitioners

Versus

Sukur Park Co-operative Housing Society Ltd.

And Ors.

..Respondents ....................

Mr. Siddharth Wakankar i/by Mr. Ashutosh R. Gole Advocate for Petitioner ...................

CORAM

:MILIND N. JADHAV, J.

DATE :JANUARY 07, 2023.

P.C.

:

1.

Heard Mr. Wakankar, learned Advocate for Petitioners. 2.

Mr Wakankar submitted that in view of the ratio laid down in the case of Mazda Construction Company & Ors. Vs. Sultanabad Darshan CHS Ltd & Ors.

1, the Petitioner be allowed to withdraw the Writ Petition with liberty to approach to the appropriate Civil Court to agitate his grievance.

3.

Writ Petition is allowed to be withdrawn and disposed of with the aforesaid liberty.

[ MILIND N. JADHAV, J. ] 2012 SCC Online Bom 1266 Digitally signed by AJAY TRAMBAK UGALMUGALE Date:

2023.01.09 10:36:38 +0530 AJAY TRAMBAK UGALMUGALE