1 WPL2398.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2398 OF 2011 KJ Pradeep D.Chanda & Ors. )..Petitioners Versus MHADA Gulmohar Residents Welfare ) Association & Ors. )..Respondents ---- Mr.S.K.Sthalekar along with Mr.S.P.Nalawade for the petitioners. Mr.Walter Lewis i/by Mulla & Mulla for the respondent no.1. Mr.P. D.Anklesariya for respondent nos.2 & 3. ---- CORAM : P.B.MAJMUDAR & MRS.MRIDULA BHATKAR, JJ DATE : 8th November, 2011 PC 1 It is the grievance of the petitioners that even though they are members of the Association, they were not taken into confidence by the Association before entering into settlement. In our view, such a disputed question of fact cannot be decided by this Court in a petition filed under Article 226 of the Constitution 2 WPL2398.11.sxw of India. Learned Advocate for the petitioners states that he would like to take out other appropriate remedy by way of approaching Co-operative Court by raising appropriate dispute and request is made that petitioners may be permitted to withdraw this petition to approach appropriate forum in that behalf. Without expressing any opinion on that point, petitioners are permitted to withdraw this petition with a view to take out appropriate remedy in accordance with law. Ad-interim protection granted by the single Judge will be continued for a period of one week from today. It is however, clarified that continuing ad-interim protection for one week should not mean that this Court has prima facie found that there is a case in favour of the petitioners. It is for the concerned Court to consider whether any interim protection can be granted or not. Subject to above, petition is disposed of. (MRS.MRIDULA BHATKAR,J) (P.B.MAJMUDAR,J) 3 WPL2398.11.sxw