Sachin Popat Kamble And 16 ORS. v. Municipal Corporation Of Greater Mumbai And 8 ORS.

rsk 1/1 9-WPL-3019-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.3019 OF 2017 Sachin Popat Kamble and 16 Ors.

..Petitioners vs.

Municipal Corporation of Greater Mumbai and 8 Ors.

...Respondents

---- Mr. J. S. Kini i/b Mr. Suresh Dubey for the Petitioners. Mr. J. Reis, Senior counsel a/w Ms. Vandana Mahadik for the MCGM. Ms.Nasim Khan for the Respondent Nos.4, 5, 6 and 7. ---- CORAM : A.S. OKA & P. N. DESHMUKH, JJ.

DATE : 30th JANUARY, 2018 P.C.:

.

Mr. Kini, the learned counsel for the Petitioners on instructions seeks permission to withdraw the Petition with liberty to file a civil suit. We accordingly dispose of the Petition with liberty as prayed for. However, all objections which may be raised by the Municipal Corporation including the objection regarding bar of limitation are expressly kept open. 2.

To enable the Petitioners to file a suit and to move the concerned Court for grant of ad-interim relief, we direct that the ad-interim relief granted by this Court which is operative till today is extended by a period of three weeks from today.

3.

We make it clear that the suit as well as application for adinterim or interim relief shall be considered by the Civil Court without being influenced by ad-interim relief granted by this Court and continuation thereof for a period of three weeks from today. (P.N. DESHMUKH, J) (A.S. OKA, J.)