IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 3522 OF 2008 WRIT PETITION NO. 3522 OF 2008 WRIT PETITION NO. 3522 OF 2008 Tuljabhavani Housing Development Pvt.Ltd. ... Petitioner. V/s. Haji Ismail Haji Habib Charity Trust and others. ... Respondents. B.D.Joshi with R.V.Govilkar and Ms.Varsha Palav for the petitioner. Rohit Kapadia with Zal Andhyarujina i/b. Dave and Girish & Co. for respondent Nos.1(i) & 1(iv). A.V.Anturkar i/b. Lilani Shah & Co. for respondent No.2. R.M.Patne, AGP for respondent Nos.3 to 5. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 22nd August 2008. DATED: 22nd August 2008. DATED: 22nd August 2008. P.C.: P.C.: P.C.: ---- ---- ---- . This Court was compelled to hear this matter at length though there was consent terms drawn by the parties and filed in Suit No.878/2008. One of terms thereof reads as under: "7. That in view of the disposal of the present suit in terms hereof, the parties have signed consent terms in Writ Petition No.3522 filed by the Plaintiff before the appellate side of this Hon’ble Court and the Plaintiff undertakes to file the same before the appellate side and take all necessary action in connection with the same within a week from the date hereof and the Plaintiff further agrees to withdraw all other proceedings and/or litigations if any filed by the Plaintiff in any Court or before any authority against the Defendants or anyone of them concerning directly or indirectly to the trust property described in Exhibit A-1 to the Plaint." 2. In view of the above term of the consent terms, as a matter of fact, this petition should not have been argued by the advocate appearing for the petitioner. However, without looking into the consent terms he proceeded to argue the same. 3. At the end of the submissions, when learned counsel appearing for the respondent placed into service this consent terms, learned counsel for the petitioner found it difficult to get out of it and to contend that cause of action for this petition does survive. Ultimately, realising nonsurvival of the cause of action for this petition, he sought permission to withdraw this petition. As matter of fact, withdrawal of petition could not be without saddling heavy costs. However, considering the fact that there is compromise between the parties and that the learned counsel appearing for the petitioner having realised that he should have obtained proper briefing, the petitioner is permitted to withdraw this petition with no order as to costs. 4. In the result, petition is dismissed as withdrawn. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)