Sanjay Rajaram Babaria (Handicapped) v. Maharashtra Housing And Area Development Authority And ANR.

suresh 909-WPL-1765.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION {L} NO.1765 OF 2016 Sanjay Rajaram Babaria (Handicapped) .... Petitioner Vs.

Maharashtra Housing & Area Development Authority & Anr.

.... Respondents Mr. Purushottam N. Kulkarni for the Petitioner. Mr. Girish D. Utangale i/by M/s. Utangale & Co. for Respondent Nos.1 & 2.

CORAM: S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : JULY 27, 2016 P.C:

1.

It is stated that the petitioner has filed a Suit in the City Civil Court. In view thereof and the Suit being pending, the petitioner's Advocate seeks liberty to withdraw this writ petition. He seeks this liberty so that steps can be taken to seek an amendment to the plaint to incorporate the subsequent events. 2.

We do not express any opinion either on the maintainability of the Suit or on the jurisdiction of the Civil

suresh 909-WPL-1765.2016.doc Court. It is entirely for the Civil Court to take note of any amendment application and decide it on its own merit and in accordance with law, uninfluenced by any liberty granted by this Court.

3.

The writ petition is dismissed with the liberty as prayed for.

(DR. SHALINI PHANSALKAR-JOSHI, J.) (S.C. DHARMADHIKARI, J.)