1 mss OSWP+.2158 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2158 OF 2009 SADANAND DAMODAR PATIL & ORS. .. PETITIONERS Vs. THE STATE OF MAHARASHTRA & ORS.. .. RESPONDENTS Mr. A. C. Singh i/b D. R. Shah for the petitioners Mr. D. A. Nalawde, GP CORAM: SMT. RANJANA DESAI & R. V. MORE, JJ. DATED : 27/9/2010 P.C. Whereas the case of the petitioners is that the possession is with the petitioners, the case of the respondents is that the possession is taken over by them. In view of this stand of the petitioners and the respondents the question as regards possession because a disputed question of fact which this court cannot decide. The Counsel for the petitioners states that the petitioners have instructed him to withdraw the petition and file a suit. 2 mss OSWP+.2158 2. Hence the petition is allowed to be withdrawn with liberty as prayed. All the contentions raised in the petition are kept open. We make it clear that we have not expressed any opinion on the merits of the case. 3. The petition is disposed of as withdrawn. (SMT. RANJANA DESAI, J.) (R. V. MORE, J.)