1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.32 OF 2009 Deepak M.Mankar. ..Petitioner. V/s. Ashok Gupta. ..Respondent. Mr.G.S.Godbole, Sr.Adv. with Mrs.Jai V. Kanade for petitioner. Mr.S.G.Kudle for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 12, 2009. DATE : JANUARY 12, 2009. DATE : JANUARY 12, 2009. P.C. : P.C. : P.C. : 1. Heard. 2. Request is made on behalf of the Petitioner to allow the Petitioner to withdraw the present Writ Petition with liberty to the Petitioner to file a fresh application before the trial Court alongwith the concerned sale deed. Counsel for the Respondents has no objection in this behalf, except to place on record that the Respondents are in possession of the property bearing Survey No.52/4/1/3 and that, continuation of status quo order may be understood in that context. 2 3. It is not necessary to examine the correctness of the stand of the rival parties as to who is in possession of the stated property. That is a matter which will have to be considered afresh by the trial Court in the proposed application, to be filed before that Court. 4. In the circumstances, this Writ Petition is allowed to be withdrawn with liberty to the Petitioner to file a fresh application before the trial Court for interim relief only upon production of the concerned sale deed to substantiate its stand that stated property forms part of the property, permitted to be developed and is also subject matter of the said sale deed. Status quo as of today with regard to the suit property shall be maintained for a period of two weeks from today to enable the Petitioner to institute fresh application. 5. On institution of fresh application, the trial Court shall decide the said application as expeditiously as possible, preferably within four weeks from the date of its institution, uninfluenced by any observation made in the earlier order passed by it or the Order of the Appellate Court or for that matter withdrawal of the present Writ Petition. All 3 questions on fact and legal matters will be decided afresh by the trial Court in the proposed application. The same are left open. 6. In the event, the Petitioner fails to file proposed application within two weeks from today, order of status quo shall automatically come to an end. Ordered accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)