Prakash Hemraj Savla And ANR. v. Titanium Towers Flat Buyers Association And ORS.

20 WP-2212-21.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT Date: 2021.09.03 12:52:17 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2212 OF 2021 Prakash Hemraj Savla and Ors.

....Petitioners V/s Titanium Towers Flat Buyers Association .....Respondent ---- Mr. Gautam Ankhad a/w Ms. Faiza Dhanani i/b CUE Legal for the Petitioners.

Mr. Omar Khaiyam Shaikh for Respondent No.2.

Mr. Gauraj Shah i/b Shreyans Baid for Respondent No.1. Mr. Bhavin Gada a/w Mr. Naresh Chheda a/w Mr. A.S. Attari i/by Tauras Legal for Respondent No.3.

Mr. Anil G. Shah, Respondent No.4 present in person. ---- CORAM: NITIN W. SAMBRE, J.

DATE: AUGUST 30, 2021 P.C.:- 1] Counsel for Defendant No.1 to the suit being Short Cause Civil Suit No.2888 of 2017 (Titanium Towers Flat Buyers Association vs. M/s Solaris Developers Pvt. Ltd.), in response to the arguments made by Mr. Ankhad, learned Counsel for the Petitioners, the Members of original Plaintiff-Associtation, concedes that prayer clause (a) of the Plaint can be accepted. Prayer clause (a) of the Plaint in Short Cause Civil Suit No.2888 of 2017 reads as under:- 1/2

20 WP-2212-21.doc "(a) That this Hon'

ble Court be pleased to declare that the Plaintiff along with 12 flat purchasers are the owners of their respective premises/flats from 12th to 18th floors in the Titanium Towers, Jay View Co-operative Housing Society, situated at Sahakar Nagar, J.P. Road, Andheri (West), Mumbai - 400053, as they are put in possession of their respective premises by the Defendant No.1;"

2] Since the above statement is made on instructions, thereby accepting prayer clause (a) in the Plaint referred to above, Mr. Ankhad, learned Counsel on instructions made motion for withdrawal of the Petition.

3] Petition stands dismissed as withdrawn.

( NITIN W. SAMBRE, J. ) 2/2