bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 1753 OF 2008 APPLICATION NO. 1753 OF 2008 APPLICATION NO. 1753 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO. 270 OF 2008 PETITION NO. 270 OF 2008 PETITION NO. 270 OF 2008 Neelkanth Mansions & Infrastructure Ltd. ... Petitioner v/s Mr.V.Vishwanath & ors. ... Respondents Mr.N.N.Bhadrasheta for the petitioner. Respondent No.1 in person present. Ms.R.Peerbhoy for respondent Nos.3 and 4. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 17TH NOVEMBER, 2008 17TH NOVEMBER, 2008 17TH NOVEMBER, 2008 P.C. P.C. P.C.: 1. The civil application has been filed by the petitioner contending that respondent No.3 Society has entered into an agreement with M/s.Kukreja Constructions Co. for the sale of F.S.I. The petitioner contends that by this agreement the respondent No.3 Society has in effect decided not to implement the agreement between the petitioners and the respondent No.3 prejudicially affecting the rights of the petitioners. 2. The civil application need not be considered by this 2 Court. All contentions raised in the civil application may be raised by the petitioners by filing an appropriate application before the trial Court in view of the changed circumstances of the agreement being entered into between the respondent No.3 Society and M/s.Kukreja Constructions Co. on 27.8.2008. 3. In view of this, Mr.Bhadrashete seeks leave to withdraw the civil application. Allowed to be withdrawn. 4. Civil application stands dismissed as withdrawn.