VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT Petition No. 986 OF 2008 Sharayu Sharad Mayekar Petitioner Vs. The State of Maharashtra & Ors. Respondents Mr. P. M. Shah i/b Ms. Sonia Miskin, for the Petitioner. Mrs. A. S. Pai, APP for the Respondent-State. Mr. N. P. Bhavsar, for intervener. CORAM : BILAL NAZKI, & A. A. KUMBHAKONI, J. DATE : AUGUST 4, 2008. PC :- 1. The grievance of the petitioner was that the police without any authority of law had taken over possession of the premises in issue which belonged to her deceased brother and she is the legal heir of her deceased brother and she had obtained the letters of administration. The counsel for the petitioner now submits that since the property in issue has been handed over to her by the concerned police, no grievance survives, he therefore, seeks leave to withdraw the writ petition. Leave is granted and accordingly the petition is dismissed as withdrawn. - 2 - 2. We have not decided the entitlement of any person to the suit premises in this petition. Therefore, any observation made hereinabove, will not bind in any proceeding for any interested person, with regard to ownership of the property. 3. Since the petition itself being withdrawn by the petitioner, the request of the alleged widow of the brother of the petitioner for intervention, also does not survive, and is accordingly rejected. 4. Any party before us or any third party interested in the property in issue, may take the remedy, that may be available in law, if they so desire. Sd/- [ BILAL NAZKI, J.] Sd/- [ A. A. KUMBHAKONI, J.]