IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.142 OF 2008 REVIEW PETITION NO.142 OF 2008 REVIEW PETITION NO.142 OF 2008 IN IN IN WRIT PETITION NO.7546 OF 2008 WRIT PETITION NO.7546 OF 2008 WRIT PETITION NO.7546 OF 2008 M/s.Varda Vastu Construction ..Petitioner. V/s. Thane Municipal Corporation & Ors. ..Respondents. AND Shreesh Co-op. Housing Society Ltd. ..Review Petitioners. Mrs.Neeta Karnik with Ms.Sangita Lidkar for review petitioners. Mr.S.M.Oak and Sagar Joshi for original petitioners. Mr.N.R.Bubna for respondents. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 19TH DECEMBER, 2008. DATED : 19TH DECEMBER, 2008. DATED : 19TH DECEMBER, 2008. P.C. :- P.C. :- P.C. :- 1. Rule. Rule made returnable forthwith. By consent of the parties, review petition is taken up for final hearing. 2. This review petition is filed by the review petitioners seeking review of my order passed in Writ Petition No.7546 of 2008 on 11/12/2008. - = : 2 : = - 3. The grievance of the review petitioner is that the Division Bench of this Court while dealing with a similar issue between the same parties in Writ Petition No.7175 of 2008 along with Civil Application No.2612 of 2008 had passed an order on 8th December, 2008 directing that the Writ Petition No.7546 be placed before the Division Bench along with Writ Petition No.7175 of 2008 and Civil Application No.2612 of 2008 on 17th December, 2008. The Division Bench further ordered that there will not be any impediment for the respondents therein to proceed further in the matter. 4. When the above Writ Petition No.7546 of 2008 was placed before me for admission on 11/12/2008, it was not brought to my notice by the Advocates appearing on either side about the aforesaid order passed by the Division Bench on 8th December, 2008. 5. Instead of going into the merits of the case, learned counsel for the original petitioners, seeks leave to withdraw the main petition itself and learned counsel for the review petitioners has no objection. In this view of the matter, Rule is made absolute. Review petition is allowed by recalling - = : 3 : = - the order dated 11/12/2008. On the application made by the learned counsel for the petitioners in Writ Petition No.7546 of 2008, the said petition is allowed to be withdrawn. 6. Review petition is disposed of accordingly. 7. As the Revision Application filed by the petitioners before the Corporation is placed for hearing on 23/12/2008 at 11.00 a.m. before the Assistant Director of Town Planning, Thane Municipal Corporation, it will be open to the review petitioners to appear in that hearing and make submissions, if they so desire. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)