Muktabai Manohar Shinde And 41 ORS v. The Municipal Corporation Of Greater Mumbai And 4 ORS

905. wpl 1655.16.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1655 OF 2016 Muktabai Manohar Shinde and ors.

.. Petitioners Vs.

The Municipal Corporation of Greater Mumbai and ors.

.. Respondents Mr.Rohan Cama a/w Mr.Bipin Joshi and Mr.Prayag Joshi, for the Petitioners.

Mr.S.S.Pakale a/w Ms.K.H.Mastakar, for Respondent No.1- BMC. Dr.Virendra Tuljapurkar, Senior Advocate a/w Mr.Arif Bookwala, Senior Advocate, Mr.Nikhil Sakhardande i/b Wadia Gandy & Co., for Respondents No. 2 to 5.

CORAM : SHANTANU.S.KEMKAR & M.S.KARNIK, JJ.

DATE : 03rd AUGUST, 2016 P.C. :

.

Heard learned Counsel for the parties.

2.

After arguing the Petition at length, learned Counsel for the petitioners seeks leave to withdraw this Petition with liberty to the petitioners to avail the remedy of filing Civil Suit against the impugned action of the Municipal Corporation. 1/2

905. wpl 1655.16.doc 3.

With the aforesaid liberty, the Petition is dismissed as withdrawn. In case, the petitioners file Civil Suit and apply for ad-interim relief, the trial Court is expected to consider and decide such application as expeditiously as possible. Needless to say that before passing any order on the said application, the trial Court shall ensure service of notice on respondents herein. 4.

Petition stands disposed of.

(M.S.KARNIK, J.) (SHANTANU.S.KEMKAR, J.) 2/2