: 1 : 2846-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2846 OF 2011 Vijayshree Enterprises & Anr. .. Petitioners v/s. M/s. Mahadev Homes & Ors. .. Respondents ......... Mr. S.M. Kazi for the petitioners Mr. P.S. Dani i/b Wadia Ghandy & Co for respondent nos. 1 and 6. ......... CORAM : R.Y.GANOO, J DATE : 20th SEPTEMBER,2011. P.C. : 1. After some arguments, learned advocate for the petitioners applies for withdrawal of this petition and seeks liberty to file proper application similar to the one which was filed below Exh.168. 2. Petition is allowed to be withdrawn. The application at Exh.168 was filed by the outsider and that is why the application came to be rejected on 29th January, 2011. Since this matter pertains to procedural aspects, : 2 : 2846-11-wp=.sxw petitioners can be permitted to file proper application through appropriate person. This Court has not expressed any views on the merits of the said application. 3. Petition is disposed of accordingly. Petitioners to pay a sum of Rs. 2,000/- by way of costs to respondent nos. 1 and 6. Cost condition precedent for the future proceedings. Costs to be paid on or before 30th September, 2011. If such application is made, the same shall be decided by the concerned Court within 45 days on its own merits. (R.Y.GANOO, J.)