Suman Anantrao Sonji And Others v. Kalyan Ganpatrao Kadam And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.9060 OF 2014 Kalyan s/o Ganpatrao Kadam and others.
...PETITIONERS
VERSUS
The State of Maharashtra and others.
...RESPONDENTS ...
Miss. Pradnya S. Talekar Advocate for Petitioners.
Mr.S.J. Salgare, A.G.P. for Resp. Nos.1 to 3. Ms. Sangmitra Wadmare Advocate for Resp. Nos. 4 and 7.
Mr.K.K. Kulkarni Advocate for Resp. No.6.
...
WITH CIVIL APPLICATION NO.5222 OF 2018 IN WRIT PETITION NO.9060 OF 2014 Suman Anantrao Sonji (Kadam) and others.
...APPLICANTS
VERSUS
Kalyan s/o Ganpatrao Kadam and others.
...RESPONDENTS
...
Mr.S.P. Salgar Advocate h/f. Mr. N.V. Gaware Advocate for Applicants.
Miss. Pradnya S. Talekar Advocate for Resp. Nos.1 to 4.
Mr.S.J. Salgare, A.G.P. for Resp. Nos.5 to 7. Ms. Sangmitra Wadmare Advocate for Resp. Nos. 8 and 11.
Mr.K.K. Kulkarni Advocate for Resp. No.10.
...
CORAM: S.S. SHINDE AND S.M. GAVHANE, JJ.
DATE : 16TH APRIL, 2018 ORDER :
1.
We have heard learned counsel appearing for the Petitioners for considerable time. We have also given hearing to learned counsel appearing for respective Respondents.
2.
On instructions, learned counsel appearing for the Petitioners, who are present in the Court, learned counsel appearing for the Petitioners seeks leave to withdraw this Petition with liberty to avail of an appropriate remedy
either individually or on behalf of proposed society, namely, Indira Griha Nirman Sanstha, Tuljapur. Leave granted. The Writ Petition is dismissed as withdrawn.
3.
Needless to observe that in case of fresh cause of action, it would be open for the proposed society, namely, Indira Griha Nirman Sanstha, Tuljapur to avail of an appropriate remedy including filing of Writ Petition under Article 226 of the Constitution of India.
4.
Since the Petition itself is withdrawn, the question of entertaining Civil Application No.5222 of 2018 would not arise. Hence the Civil Application stands disposed of without adjudication on merits.
[S.M. GAVHANE, J.] [S.S. SHINDE, J.] asb/APR18