Girgaon Co-Operative Housing Society Ltd. v. M/S. Ganpat Harjivan And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10867 OF 2014 Girgaon Co-operative Housing Society Ltd.

..Petitioner.

V/s.

M/s. Ganpat Harjivan & Ors.

..Respondents.

Mr.D.S.Sabnis i/b. Lex Firmus for the petitioner. Mr.Ajay Panickar with Mr.Amit Kakri i/b. Ajay Law Associates for respondent No.1.

CORAM: M.S.SONAK, J.

DATE : DECEMBER 12, 2018 P.C.:- Learned counsel for the respondents states that against the impugned order, a civil revision application is maintainable and, therefore, the writ petition may not be entertained. 2.

Learned counsel for the petitioner accepts that the correct remedy would be a civil revision application. He, therefore, seeks the withdrawal of the writ petition with liberty to institute a civil revision application. Leave is granted.

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The petition is disposed of as withdrawn with liberty as prayed for.

4.

It is made clear that this writ petition was instituted on October 29, 2014 in order to challenge the judgment and decree dated July 23, 2014 and the same has remained pending in this Court till date.

(M.S.SONAK, J.)