1 3.wp7737.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7737 OF 2011 The Grampanchayat of Village Ranzani through their authorized representatives ....Petitioner Vs. The State of Maharashtra & ors. ....Respondents Mr. Vishwanath Talkute, Advocate for Petitioner. Ms. P.S. Cardozo. AGP for Respondent Nos. 1 to 3. CORAM:- GIRISH GODBOLE, J DATED:- DECEMBER 12, 2011 P.C. 1. Heard Mr. Talkute. On 17th November, 2011 following order was passed. “1. After hearing argument for some time, Mr. Talkute prays for time to take written instructions as to whether the Petitioner will like to withdraw the Writ Petition by keeping its option of agitating the argument regarding alleged nullity of the impugned order dated 25th June, 1971 passed by the M.R.T. Mumbai in Revision Application No. 2 of 1971 open to be agitated in the Civil Appeal in case the appeal is restored. S.O. for two weeks. To be placed high on board.” 2 3.wp7737.11 2. Mr. Talkute has placed on record Resolution No. 8 in the monthly meeting of the Petitioner which is dated 7/12/2011 and the same is taken on record and marked ‘X’. 3. The Petitioner is therefore allowed to withdraw the Writ Petition by granting liberty to agitate the argument regarding alleged nullity of the impugned order dated 25th June, 1971 passed by the M.R.T. Mumbai in Revision Application No. 2 of 1971 open to be agitated in the Civil Appeal in case the appeal is restored or in RCS No. 20/2011 or any other proceedings before the Civil Court. All contentions of the Respondent about restoration of the Civil Appeal No. 144 of 2006 or the objections regarding contentions of the Petitioner are kept open. It is made clear that merely because the Petitioner is allowed to withdraw the Petition with liberty to raise contention before the Civil Court, it shall not be construed that this Court has found any merit in the contention of the Petitioner. Obviously, all the contentions of the parties will be decided by the Civil Court in accordance with law as and when such contentions are raised. (GIRISH GODBOLE, J)