1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.433 OF 2010 Enma Towers Co-op.Hsg.Society Ltd. .. Petitioners Vs. The B.M.C. and Ors. .. Respondents Mr.Denzil D mello for the petitioners ’ Mr.Rupesh Mandhare i/b Sean Wassoodew for respondent nos.6 and 7 Mr.Francesca von Geyer for respondent no.8 Ms.V.S.Gharpure for respondent / M.C.G.M. CORAM : J. N. Patel, Acting C.J. & S.C.Dharmadhikari, J. DATE : June 23, 2010 P.C. : 1. The learned counsel for the petitioners submit that the petitioners have taken out execution proceedings in the City Civil Court for enforcement of its orders. This Writ Petition invoking the extraordinary Jurisdiction under Article 226 of the Constitution of India, is not maintainable. 2. In view of the fact that the petitioners have now resorted to the remedy available to them under the law, we are not inclined to entertain this petition. Petition is dismissed. 2 3. After this order was dictated, the learned counsel for the petitioners seeks to withdraw the petition with liberty to seek alternative remedy. Permitted to withdraw with liberty as sought for. Petition is dismissed as withdrawn. ACTING CHIEF JUSTICE S.C. DHARMADHIKARI, J