1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2256 OF 2009 Devendra Co-op Hsg. Soc. .......Petitioners versus Mun. Corporation of Gr. Mumbai & ors........Respondents. Ms. Sumedha Rao adv. for the Petitioner Mr. D.H. Mehta i/b Pravin Mehta &Mithi & Co, for Respondent no.4. Mr. D.H. Meht i/b. Dhaqram & Co. for respondent 3. Mr. A.Y. Sakhare Sr. adv. With Ms. G.S. Joglekar for respondent no.2. CORAM: J.N. PATEL Acting .C.J. AND B. R. GAVAI, J. DATED : 01st February, 2010. P.C.: 1. Since there are various disputed question of facts involved in this petition, we expressed that the petition would not be tenable in the extra ordinary jurisdiction of this court under Article 226 of the Constitution and as such were inclined to dismiss the petition. 2. At this stage the learned counsel for the petitioner seeks liberty to withdraw the petition, with further liberty to file a civil suit. Petition stands disposed of as withdrawn with liberty as prayed for. (Acting C.J.) (B.R. Gavai, J.)