ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.1121 OF 2009 PETITION NO.1121 OF 2009 PETITION NO.1121 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Fredein De Vitre, Senior Counsel with Mr. Farhan Dubash a/w. Mr.Zubin Morris, Mr.Kiran Gandhi with Ms.Amodi R.Borkar i/by M/s. Little & Co. for the Petitioner. Mr.C.G.Gavnekar for Respondent No.1. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 13th February, 2009 : 13th February, 2009 : 13th February, 2009 P.C. P.C. P.C. . Not on board. Mentioned. In view of urgency taken on board. 2. In continuation of order dated 10th February, 2009, as the learned counsel appearing for Respondent No.1- Original Plaintiff, who is also present in the Court, on instructions makes a statement that as the Petitioner is not proposing to increase the height of tower No.328 and shall complete the balance work ( 2 ) on tower with stringing at its existing location without increasing base width of the tower, Respondent No.1- Original Plaintiff is withdrawing the suit R.C.S.No.18 of 2008 and the Contempt Proceedings, pending before the learned Civil Judge, Junior Division, Roha, Dist. Raigad. 3. The statements are accepted. Accordingly, the impugned orders dated 3rd May, 2008 and 4th August, 2008 passed by the lower Courts, are set aside. 4. In view of this, without prejudice to the contentions raised in the Petition, the Writ Petition is disposed of along with Suit and the Contempt Proceedings as referred above. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]