1 CRA-549-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi CIVIL REVISION APPLICATION NO.549 OF 2010 Momin Pada Masjid Yaqub Baig Trust ... Applicant (Orig. Plaintiff) Vs. M/s. Kwality Developers through partner Shri Vishwas Sadanand Karekar. Respondents (Orig.Defendant) Mr. Rajiv Patil, i/b. Onkar WarangeAdvocate, for the applicant. CORAM: J.H.BHATIA,J. DATE : 24th September, 2010. P.C. 1. The present applicant had filed Regular Civil Suit No.117/1999 for possession of the suit property. Ex-parte decree was passed. The defendant thereafter filed an appeal along with an application for condonation of delay. Delay was condoned and the appellate Court allowed the appeal and remanded the matter back to the trial Court. Meanwhile, the plaintiff had executed the decree and taken possession. After remand, he sought to withdraw the suit. That application was rejected by the trial Court. Hence, he has filed this Revision Application. 2. The plaintiff/applicant had executed the decree and taken possession 2 CRA-549-10.sxw of the property. He is not willing to restore the possession which he got as a result of that decree though he wants to withdraw the suit. In such circumstances, allowing him to withdraw the suit and also to retain benefits of the decree passed in the suit would amount to great injustice to the defendant. I do not find any illegality or irregularity in the impugned order. 3. Therefore, the Revision Application stands dismissed. (J.H.BHATIA,J.)