Balu Kanhu Gavade v. Kalyan-Dombivli Municipal Corporation, Through Commissioner

rsk 2-WP-1945-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1945 OF 2013 Balu Kanhu Gavade

...Petitioner

vs.

Kalyan-Dombivli Municipal Corporation, through Commissioner

...Respondent

WITH CIVIL APPLICATION NO.1707 OF 2013 IN WRIT PETITION NO.1945 OF 2013 Sai Vitthal Tower ('A' Building) Co-op Housing Society Ltd. Through its Secretary

...Petitioner

vs.

Balu Kanhu Gavade

...Respondent

AND CIVIL APPLICATION NO.1708 OF 2013 IN WRIT PETITION NO.1945 OF 2013 Shri Sadanand Anand Shetty

...Petitioner

vs.

Balu Kanhu Gavade

...Respondent

Mr. R. S. Datar for the Petitioner.

Mr. A. S. Rao for Respondent No.1/Corporation Mr. Tanmay Vispute i/b Mr. Sachin S. Punde for the Applicant in CAW-1707/2013.

rsk 2-WP-1945-13.doc CORAM: NARESH H. PATIL & M. S. KARNIK, JJ.

JANUARY 06, 2017.

P.C.

.

Learned counsel for the Petitioner submits that the Petitioner would resort to appropriate remedy by filing Civil Suit in respect of the notice issued by the Kalyan Municipal Corporation dated 13/12/2013. The learned counsel for the Petitioner, therefore seeks leave to withdraw the petition with liberty to resort to an alternate remedy. Keeping open all the issues, leave is accordingly granted with liberty as prayed for.

2.

Status-quo as of today be maintained for 3 weeks. (M. S. KARNIK, J.) (NARESH H. PATIL,J.)