Jimmy William Almeida And 2 ORS. v. Municipal Corp. Of Greater Mumbai And ANR.

1/2 wp.911-2015 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 911 OF 2015 WITH CHAMBER SUMMONS ST. 404 OF 2015 Jimmy William Almeida & Ors.

..Petitioners Vs.

Municipal Corporation of Gr. Mumbai & Ors.

..Respondents.

----- Mr. S.U. Kamdar, Senior Advocate a/w O.A. Das for Petitioners. Mr. R.A. Thorat, Senior Advocate a/w Ms. Simen Shaikh i/b S.K. Srivastav & Co. for applicant.

Mr. S.C. Pimple for B.M.C.

----- CORAM: RANJIT MORE AND A.S. GADKARI, JJ.

DATE: 15th JULY 2016 P.C.:

1) Mr. Kamdar, Senior Counsel appearing for the Petitioners on instructions from the instructing Advocate seeks leave to withdraw the petition with liberty to file appeal under Section 47 of the Maharashtra Regional And Town Planning Act, 1966 (M.R.T.P. Act), challenging the impugned Order.

2) Leave and liberty granted.

2/2 wp.911-2015 3) In order to enable the Petitioners to avail such remedy, parties to maintain status-quo for the period of four weeks from today. 4) In view of disposal of the Writ Petition, the Chamber Summons does not survive and the same is also dismissed. 5) The Applicant in Chamber Summons is at liberty to intervene in proposed appeal which would be filed by the Petitioners. 6) Petitioners are at liberty to file application in the said appeal and apply for continuation of interim relief. (A.S. GADKARI,J.) (RANJIT MORE, J.)