Ashok Harishchandra Chaudhary And ORS v. Chairman/ Secretary, Vijay Apartment Iii Chs Ltd. And ORS

23 WP-2365-2020.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2365 OF 2020 by BHARAT DASHARATH PANDIT Date:

2022.06.25 12:26:07 +0530 WITH INTERIM APPLICATION NO.2030 OF 2022 IN WRIT PETITION NO. 2365 OF 2020 Ashok Harischandra Chaudhary and Ors.

.... Petitioners.

V/s Chairman/Secretary Vijay Apartment III CHS Ltd.

& Ors.

..... Respondents.

Mr. Prithviraj Gole i/b Mr. Kiran B. Bhagat for the Petitioners. Mr. C.D. Mali, AGP for Respondent No.13-State. Mr. S.M. Oak, Senior Advocate i/b Mr. Sagar A. Joshi a/w Mr. Deepesh Vernekar for Respondent No.1.

CORAM: NITIN W. SAMBRE, J.

DATE: JUNE 23, 2022 P.C.:- 1] Based on alleged long standing possession of the Petitioner, order impugned passed in exercise of power under section 11 of MOFA is under challenge..

2] I am informed by the Counsel for the Petitioner on instructions from the Petitioner who is present in Court that he intends to file suit 1/2

23 WP-2365-2020.doc for declaration and injunction based on such long standing possession and he may be permitted to withdraw the Petition with liberty to file the aforesaid suit.

3] Prayer is not objected. As such, Petition stands dismissed as withdrawn as prayed.

4] Interim order in operation shall continue for a period of four weeks from today.

5] Since the Petition is disposed of, nothing survives in the pending Interim Application and same is also disposed of. ( NITIN W. SAMBRE, J. ) 2/2