M/S. Kshitij Projects Through Partners And ORS v. Preston Woods Co-Operative Housing Soc. Ltd. Through Andand D. Dumbre And ORS

kvm 1/2 13-RPWST22257.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION (ST) NO. 22257 OF 2018 IN WRIT PETITION NO. 8879 OF 2016 M/s.Kshitij Projects & Ors.

..... Petitioners

VERSUS

Preston Wood Co-operative Housing Society Ltd. & Ors.

..... Respondents Mr. Anil D'Souza for the Petitioners.

Mr. Pavan S. Patil, i/b. Triyama Legal for the Respondent no.1. Mr.S.L.Babar, A.G.P. for the Respondent nos. 2 and 3. Ms.Mohini D. Thorat for the Respondent nos. 4 to 34. Mr.R.J.Mangurdekar, partner of the review petitioners present. CORAM :

R.D. DHANUKA, J.

DATE :

22nd OCTOBER, 2019 P.C.

Learned counsel for the review petitioners upon instruction from the partner of the review petitioner Mr. R.J.Mangurdekar, after arguing the matter for sometime, seeks liberty to withdraw this review petition unconditionally. Review petition is dismissed as withdrawn. No order as to costs.

2.

In paragraph (2) of the order dated 5th March,2018, this court has already clarified that the remedy of the petitioners would be to file a civil suit for adjudication of the title in respect of the balance FSI, if any and if any such suit is filed, the same would be decided

kvm 2/2 13-RPWST22257.18 independently.

3.

In view of the clarification already made by this court in the said order dated 5th March,2018, no further clarification is required. [R.D.DHANUKA, J.]