IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1683 OF 2009 Heeralal Murlidhar Chaturvedi .. Petitioner Vs. The Municipal Corporation of Greater Mumbai & ors. .. Respondents Mr. D.S.Chandnani i/b Lexim Associates for Petitioner Ms. G.S.Joglekar for Respondent No.1 Ms. N. V. Parikh for Respondent No.2 Mr. A.B.Ketkar AGP for State CORAM : J. N. PATEL & A.P. BHANGALE, JJ DATE : 15TH MARCH, 2010. P.C. : 1. Heard submissions of the respective Counsel. It appears that earlier the Petitioner in Writ Petition No.1834 of 2007 along with Writ Petition No. 276 of 2007, chose to withdraw on 11th June 2008 with liberty to take steps including the amendment in the suit, file appeal within the meaning of Section 47 of the MRTP Act and to take any steps as may be available in accordance with law. In view of this the Petition was dismissed as withdrawn with liberty as prayed for 2. It appears that the Petitioner subsequently chose to withdraw the Suit No. 3513 of 2000, which was pending before the Bombay High Court, (Ordinary Original Civil Jurisdiction). Under these circumstances, considering that the appeal against the order of the Charity Commissioner referred to in prayer 42(a)(i) is still a matter subjudice. We feel that the rights of the parties can be conclusively determined if agitated before the Competent Civil Court. Considering the delay and laches on the part of the Petitioner, we are of the opinion that the Petition ought not to be entertained in the facts and circumstances of the case. 3. Petition is dismissed. ( J. N. Patel, J) (A.P. BHANGALE, J)