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Bombay High CourtWP/5005/2022allowed to be withdrawn

Joana Rose Philomina Miranda And ORS v. Western Pre-Fab Ltd. And ORS

2022-07-01Hon'Ble Shri Justice Nitin W. Sambre2 pages

(13)-WP-5005 & 4979-22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BALAJI GOVINDRAO PANCHAL WRIT PETITION NO.5005 OF 2022 WITH WRIT PETITION NO.4979 OF 2022 BALAJI GOVINDRAO PANCHAL Date: 2022.07.02 15:02:29 +0530 Joana Rose Philomina Miranda and Ors.

..Petitioners

Versus

Western Pre-Fab Limited and Ors.

..Respondents Mr. Ashutosh M. Kulkarni a/w Gaurav Sharma, for the Petitioners.

Mrs. M. S. Bane, AGP for Respondent Nos.7 & 8 in WP No.5005/2022.

Mrs. V. S. Nimbalkar, AGP for Respondent Nos.7 & 8 in WP No.4979/2022.

CORAM : NITIN W. SAMBRE, J.

DATE : 1st JULY, 2022 P.C.

1.

In response to the Court's query, Mr. Ashutosh Kulkarni, counsel appearing for the petitioners informs that already a suit being CS No.895 of 2007 is pending on the file of this Court questioning the legality and validity of the conveyance deed dated 16th June 1994. It is further informed that the prayer for grant of temporary injunction is pending in the said suit.

2.

In the aforesaid background, on instructions a prayer is made for withdrawal of the petitions. BGP.

(13)-WP-5005 & 4979-22.doc.

3.

As such, both these petitions stand disposed of as withdrawn.

4.

Needless to clarify that the orders passed by the revenue authority are prior in nature and that being so, the proceedings be decided independently irrespective of finding recorded by the revenue authority.

[NITIN W. SAMBRE, J.] BGP.