1 lod2105-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION LOD.NO.2105 OF 2011 Khandu Baban Ghadge and Ors. .. Petitioners Versus The Slum Rehabilitation Authority & Ors. .. Respondents Mr.J.S.Kini i/b. S.Dubey for petitioners Mr.S.G.Surana for respondent Nos. 4 and 5 CORAM : S.C.DHARMADHIKARI, J. 26th September 2011. P.C.: 1] Mentioned not on board. 2] Mr.Kini appearing for petitioners submits that on the basis of the impugned orders, the petitioners would be dispossessed forcibly from the property which is in their possession and occupation. 3] After the matter was argued for some time, Mr.Kini seeks to withdraw this petition with liberty to file substantive suit on the Original Side of this Court and seek therein interim as well as ad- interim orders within a period of four weeks from today. 4] Mr.Surana learned Counsel appearing for respondent Nos. 4 and 5 on notice states that these respondents would not take any action soas to forcibly dispossess the petitioners for a period 2 lod2105-11.doc of four weeks from today but it should be clarified that this Court has not expressed any opinion on rival contentions nor maintainability of proceedings. 5] Having allowed the request of Mr.Kini to withdraw this petition, with liberty to file the suit as aforesaid to obtain therein interim reliefs, it is clarified that this Court has not granted any reliefs. By considering the rival contentions and keeping each one of them open, it is only at the request of petitioners and to enable them to apply for interim reliefs, the statements as are made by Mr.Surana are accepted as undertaking to this Court. Beyond that this Court has not decided anything in the matter. 6] In the light of the above the suit filed in the City Civil Court bearing Suit No.2040 of 2010 will be withdran within a period of two weeks from today. Liberty is granted as aforesaid to file the suit in this Court on Original Side. 7] Petition dismissed as withdrawn with liberty as aforesaid. (S.C.DHARMADHIKARI, J)