MP - -1- WP8884_10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8884 OF 2010 WITH APPEAL FROM ORDER NO. 1341 OF 2010 IN NOTICE OF MOTION NO. 1913 OF 2010 IN BCCC SUIT NO. 1552 OF 2010 M/s. Kay Bee Developers (P) Ltd. .. Petitioner Versus Mohomed Deen Mohomed Massi and others .. Respondents Mr. V. B. Naik i/b. M/s. Shah & Sanghavi for Petitioner. Mr. S. G. Talekar for Respondent Nos. 1 and 2. Mr. J. G. Reddy for Respondent No. 3. CORAM : B.R. GAVAI, J. MARCH 04, 2011 P. C. : The learned Counsel appearing on behalf of the petitioner submits that in view of the subsequent developments, the petition is rendered infructuous. He, therefore, seeks liberty to withdraw the petition with a further liberty to challenge the report of the Commissioner by appropriate proceedings as permissible in law. 2. Disposed of as withdrawn with a liberty as prayed for. 3. Needless to state that the petition has not been considered on merits and all contentions raised in the petition are kept open. 4. Appeal from Order to be placed before the appropriate Bench. (B.R. GAVAI, J)