M/S Tirumala Developers Through Proprietor, Mr. K. Mani Naidu v. State Of Maharashtra Through Ministry Of Co.Operative Affairs And ORS

Rekha Patil 1 25-WP-9244-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9244 OF 2016 M/s Tirumal Developers Through Proprietor, Mr. K.Mani Naidu ..Petitioner.

V/s.

State of Maharashtra Through Ministry of Co-operative Affairs And Ors.

..Respondents.

Mr.K.K. Khomene I/b Abhijeet Desai for the petitioner. Smt. V.S. Nimbalkar, AGP for State-respondent nos. 1 and 2. Smt. Leena Patil for respondent no.3.

CORAM: A.S. GADKARI, J.

DATE : 5th July, 2019.

P.C.:- The learned counsel for the petitioner, on instructions, seeks leave to withdraw the present petition with liberty to file a substantive suit for establishing its alleged interest in the property. The learned counsel for respondent no.3 opposes the prayer of granting liberty.

However, in the interest of justice, leave to withdraw the petition is granted.

Rekha Patil 2 25-WP-9244-2016.odt As far as liberty to file substantive suit is concerned, the petitioner is at liberty to file the said suit if permissible as per the provisions of Law.

Needless to mention that, the contention of respondent no. 3 about locus-standi of the petitioner and maintainability of such a suit is expressly kept open.

Petition is disposed off, as withdrawn, in the aforesaid terms.

( A.S. GADKARI, J. )