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.6151 OF 2008 Dayashankar R. Dubey & Ors. ..Petitioners. V/s. Abdul Hamid Hajimiya Patel & Ors. ..Respondents. Smt.Meeta Karnik for petitioners. Mr.Ashutosh Gavnekar i/b. C.G.Gavnekar for Respondent No.1 to 8. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 14, 2009. DATE : JANUARY 14, 2009. DATE : JANUARY 14, 2009. P.C. : P.C. : P.C. : 1. Heard. 2. After considering argument advanced on behalf of the Petitioners, the Counsel for the Petitioners in deference to the observations made during hearing, now, on instruction states that the Petitioners would prefer to institute a substantive suit and pursue their claim against the Respondents, which can be decided on its merit in accordance with the law. In other words, instead of pursuing the remedy of transposition, Petitioners intend to file separate substantive suit for appropriate relief against the Respondents. 2 3. Counsel appearing for the Respondents has no objection for permitting the Petitioners to withdraw the Petition with liberty to pursue such remedy, as may be available in law. 4. In the circumstances, this Petition as well as Application for transposition Exh.65 filed by the Petitioner is allowed to be withdrawn with liberty to the Petitioners to file substantive suit and pursue the same, which will have to be decided on its own merits, in accordance with the law. 5. To enable the Petitioners to institute such suit and seek appropriate interim direction therein, the parties are directed to maintain status quo as of today with regard to the property. . Ordered accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)