AJN 05-OS-WP1334.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1334 OF 2010 Arvind Ramchandra Tapole. ... Petitioner Vs. The Municipal Corporation of Greater Mumbai & Ors. ... Respondents Mr. Bhavesh Parmar for the petitioner. Ms. K.R. Punjabi for the B.M.C. Mr. Abhay D. Parab for respondent 3. CORAM: MRS. RANJANA DESAI & R.V. MORE, JJ. DATED : 5TH OCTOBER, 2010. P.C.:- 1. The case of the petitioner is that the Corporation has transferred the tenancy in respect of tenanted premises located at Room No.14, Punchakhate Chawl, B.J. Marg, Byculla, Mumbai – 400 027 of which the petitioner's deceased father Ramchandra Tapole was a tenant, in the AJN 05-OS-WP1334.10 2 name of respondent 3. 2. Respondent 3 has filed affidavit in reply. The Corporation has also filed affidavit in reply. In our opinion, the present petition involves disputed questions of fact inasmuch as it is the case of respondent 3 that the said premises were transferred to respondent 3 by the deceased father of the petitioner during his life time. This case is denied by the petitioner. This issue cannot be decided on the basis of affidavits. 3. Learned counsel for the petitioner states that the petitioner shall adopt appropriate remedy which is available to him in law. He, therefore, seeks permission to withdraw the petition. The petition is allowed to be withdrawn and is disposed of as such. 4. Needless to say that the petitioner is free to adopt appropriate proceedings that may be available to him in law. AJN 05-OS-WP1334.10 3 5. We make it clear that we have not expressed any opinion on the merits of the case. 6. We record the presence of the petitioner in our court, today. [MRS. RANJANA DESAI, J.] [R.V. MORE, J.]