Dhiraj Kanji Solanki vs. Darshan Group

ary Before: Shri S. P. Mathkar, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master

Date : 31st January, 2017.

CALLED FOR DIRECTION:

901. Chol/118/2017 Mr. Prayag Joshi, Advocate for Applicant. WP/1817/2013 Ms. Jaswandi Khatu i/b Reena Salunkhe, Advocate for Respondent Nos. 1 and 2. Ms. Seema Navle i/b Mahesh Shah & Co., Advocate for Respondent Nos. 5 to 15 and Respondent Nos. 17 to 20.

P.C.: This Chamber Order is taken out by Applicant/Petitioner No.5 for deleting his name from the cause title of the Petition as well as consequential amendment.

Perused Affidavit in Support of Chamber Order dated 18th January 2017. As per said Affidavit, said Petition is taken out, inter alia, for declaration that development carried out by the Respondent developers on the Suit plot is illegal and unauthorized. It is further mentioned in said Affidavit that subject matter of the dispute between the Applicant/Petitioner No.5 and the Respondent No.1, Developers and Respondent No.5 - Society is amicably settled. It is further mentioned in Affidavit that in terms of settlement, the Respondents are ready and

willing, to hand over possession of the flat upon various terms and conditions more particularly recorded in said paragraph and upon compliance such terms and conditions, Respondent No.1 Developers and Respondent No.5 Society ready and willing to hand over the possession of the flat situated in newly constructed building. Hence, Applicant/Petitioner No.5 is seeking to withdraw and/or permitted to delete his name from the cause title as well as consequential amendment.

Advocates for Respondent Nos. 1 and 2 and 5 to 15 and 17 to 20 state that they have no objections for allowing said Chamber Order.

In this Petition, there are total eight Petitioners. Advocate for Applicant/Petitioner No.5 states that on earlier occasion, Petitioner No. 6 was allowed to withdraw from the said Petition by Order dated 2nd July 2016 passed by the Division Bench presided by the Hon'ble Shri Justice A.S. Oka. Advocate for Applicant/Petitioner No.5 further informs that application was made, as sought in said Chamber Order, before the Division Bench presided by the Hon'ble Shri Justice N. H. Patil when Hon'ble Division

Bench directed the Applicant/Petitioner No.5 to make said application before the Registry for obtaining order of said withdrawal. He further states that this Order will not affect the rights of other Petitioners in the said Petition. He also states that no other Petitioners are having any rights to object Petitioner No.5 to withdraw from this Petition.

It is informed that the said Petition is pending till date.

In view of above, Chamber Order allowed except bracketed portion. Signed separately.

31.01.2017 Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master