Parle Sky View Co-Op. Housing Society Ltd. v. Competent Authority-District Deputy Registrar And ANR

(1)-WP-2919-17.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2919 OF 2017 WITH INTERIM APPLICATION (L) NO.7888 OF 2021 WITH INTERIM APPLICATION (L) NO.7850 OF 2021 IN WRIT PETITION NO.2919 OF 2017 Parle Sky View Co-op. Housing Society Ltd.

..Petitioner/Applicant

Versus

Competent Authority District Deputy Registrar and Anr.

..Respondents Mr. Vikhil Dhoka a/w Mr. Nirav Shah i/by Little & Co., for the Petitioner/ Applicant.

Mr. Amit Shastri, AGP for Respondent No.1 - State. Mr. Deepak Shukla i/by Vinod Mistry & Co., for Respondent No.2. CORAM : UJJAL BHUYAN & MADHAV J. JAMDAR, JJ.

DATE : 23rd AUGUST, 2021 P.C.

Heard learned counsel for the parties.

2.

Learned counsel for the petitioner seeks withdrawal of the writ petition. As per praecipe dated 12.08.2021, it has been mentioned that leave to withdraw is being sought to file appropriate proceedings. 3.

On a query by the Court, learned counsel for the petitioner submits that because of subsequent development, petitioner has already filed a suit.

BGP.

(1)-WP-2919-17.doc.

4.

Since the petitioner has already filed suit, question of granting liberty to the petitioner to file appropriate proceedings does not arise. 5.

As to maintainability of the suit on the ground of limitation as well as on other grounds, it is open to the respondents to raise such objections before the Court where the suit is instituted. 6.

Since petitioner does not want to prosecute the writ petition, the same is dismissed as withdrawn.

7.

In view of dismissal of writ petition, interim applications do not survive and are accordingly disposed of.

Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2021.08.23 14:49:23 +0530 BALAJI GOVINDRAO PANCHAL MADHAV J. JAMDAR, J UJJAL BHUYAN, J BGP.