:1: bgp bgp bgp IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.3175 OF 2009 NO.3175 OF 2009 NO.3175 OF 2009 Satish D.Kedari & Ors. ..Petitioners Vs. Municipal Corporation of City of Thane and Ors. ..Respondents Mr.P.K.Dhakephalkar i/b.V.Y.Jadhav for petitioners. Mr.Mandar Limaye for respondent Nos.1 and 2. Mr.Ashok Gade for respondent No.3. Mr.V.A.Sonpal, AGP for respondent Nos.5 to 7. Ms.Malu - Intervenor present in Court. CORAM CORAM CORAM :- V.C.DAGA & :- V.C.DAGA & :- V.C.DAGA & MRS.MRIDULA MRS.MRIDULA MRS.MRIDULA BHATKAR,JJ. BHATKAR,JJ. BHATKAR,JJ. DATE DATE DATE : 20TH MARCH,2009 : 20TH MARCH,2009 : 20TH MARCH,2009 P.C. P.C. P.C. 1. Heard learned Counsel for parties. The petitioners have restricted their prayer to seek directions against respondent No.7 City Survey Officer, Thane. 2. Learned AGP, during the course of hearing made a statement on behalf of respondent No.7, that in the event of proper fresh application, the Survey Officer shall measure the subject plot, after giving fresh notice to all the adjoining occupants and/or owners and/or the persons claiming their interest in the subject property, by fixing suitable date within reasonable time and shall record objections that may be raised by the different objectors during the course of measurement of plot. :2: 3. In view of the said statement of learned AGP, learned Counsel for petitioners seeks leave to withdraw the above petition. Needless to mention that no adjoining occupants shall have right to object and/or obstruct the Government Officer, measuring measuring the plot. 4. All rival contentions are kept open. This order shall not create any equity in favour of anybody. 5. Petition is dismissed as withdrawn with no order as to costs. (MRIDULA (MRIDULA (MRIDULA BHATKAR,J.) BHATKAR,J.) BHATKAR,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.)