High Court Bombay disposed of a Notice of Motion seeking to withdraw W.P. No. 300 of 2002, holding the court cannot entertain the motion as the original petition was withdrawn contrary to the impugned Minutes.
Motion disposed of. Court clarified it has not decided the merits.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.41 OF 2006
IN
W.P.NO.300 OF 2002
Shri.Shankar Hiranna
Rajanna & Ors. ..Petitioners
Vs.
Maharashtra Housing & Area
Development Authority and
Ors. ..Respondents
...
Mr.P.K.Dhakephalkar i/b Carlton Gracious for
Petitioners
Mr.R.M.Sawant Govt. Pleader for Respondent
Nos.1 to 3 and 7
Mr.C.J.Sawant Senior Counsel with Mr.R.N.Kachare
for Respondent No.5
Mrs.A.K.Savla Advocate for Respondent No.4
Mr.J.Reis Senir Counsel with Mr.Y.M.Choudhari for
Respondent No.6.
Mr.M.J.Jamdar Advocate for Intervenor
Ms.Usha Purohit Advocate for Intervenor
CORAM: F.I.REBELLO AND
SMT.V.K.TAHILRAMANI,JJ.
DATE : JULY 7, 2006
P.C.
1. According to the petitioners, it was pursuant to
the Minutes recorded on 2.8.2004 that they withdrew
the petition. The fact, however, remains that
petition was not made absolute in terms of the
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Minutes. The petition itself was withdrawn. Once
that be the case, it will not be open for us to
entertain the Motion.
2. It will be open to the applicants-original
petitioners to take such steps which they are
entitled to and in law for enforcing the Minutes,
which were filed before this Court and which are
dated 2.8.2004.
3. With the above observation, Motion is disposed
of. We make it clear that we have not decided the
merits of the matter and it is open to all the
parties to the proceedings to raise all contentions
which they are entitled to and when they arise.
[ F.I.REBELLO, J.]
[ SMT.V.K.TAHILRAMANI,J.]
Shri. Shankar Hiranna Rajanna & Ors.
Maharashtra Housing & Area Development Authority
F.I. Rebbello
V.K. Tahilramani
As recorded by the court registry
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