1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. WRIT PETITION NO. 4470 OF 2009 Shri. Dhondu Balu Madhavi and Ors .. Petitioners Vs M/s. Reliance Industries Ltd and Ors .. Respondents Mr. Sandesh D. Patil for the petitioners Mr. Milind Sathe Sr Adv a/w Mr. Chirag Balsara Adv & Mr. Ajit Kadam i/b A.S. Dayal & Associate for respondent no. 1 Mr. A.P. Vanarse, AGP for State CORAM : A.S. OKA, J DATE : 28th JULY, 2009 P.C.: 1. The learned counsel for the petitioners has invited my attention to the averments made in the written statement filed by the first respondent ( first defendant ). The said statement reads thus : "The Plaintiffs have filed the present suit against the wrong person. As a matter of fact, the Defendant is not concerned with the suit property in any manner whatsoever. Neither is the Defendant owner in respect of the suit property, nor it is engaged in any Rma wp4470-09.sxw 2 activities either of construction or otherwise, in or upon the suit property. To the knowledge of the Plaintiffs, the owner of the suit property is National Organic Chemicals Ltd. i.e. NOCIL. It is the said NOCIL, which to the knowledge of the Defendant, is carrying out / intends to carry out certain activities in or upon the suit property. The suit property has been in possession and enjoyment of the said NOCIL." 2. The learned counsel for the first respondent on instructions reiterated the correctness of the aforesaid statements. In view of the aforesaid statements made in the written statement of the first respondent, the learned counsel appearing for the petitioners seeks permission to withdraw this petition. Accordingly, petition is dismissed as withdrawn. 3. The learned counsel for the petitioners states that petitioner no. 1 is personally present in the court and he has withdrawn the petition as per instructions of petitioner no. 1. JUDGE Rma wp4470-09.sxw 3 Rma wp4470-09.sxw