IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2050 OF 2008 Bansilal N. Matta. ..Petitioner. V/s. City Survey Officer, Vile Parle and Ors. ..Respondents. Ms.R.C.Nichani for petitioner. Mr.Pradeep Jadhav, AGP for Respondent Nos. 1 and 2. Mr.Walawalkar i/b. Mr. A.R.Mishra for respondent NO.3. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : SEPTEMBER 29, 2008. DATE : SEPTEMBER 29, 2008. DATE : SEPTEMBER 29, 2008. P.C. : P.C. : P.C. : 1. Preliminary objection is raised by the Counsel for the Respondent No.3 about maintainability of this Petition, as the Petitioner has statutory remedy of appeal against the impugned decision. 2. Having regard to this preliminary objection, Counsel for the Petitioner seeks liberty to withdraw this Petition with leave to file appeal before competent authority. 3. Accordingly, Petition is dismissed as withdrawn. All questions are left open to be decided on its own merits in the proposed appeal including question of limitation. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)