Bombay High Court
RIVERDALE SUITES RESIDENTS ASSOCIATION THROUGH TREASURER.versusMAHARASHTRA REAL ESTATE REGULATORY AUTHORITY THROUGH ITS CHAIRPERSON AND ORS.
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The Court allowed the withdrawal of the writ petition and granted liberty to file a fresh petition on behalf of the co-operative housing society.
Summary
The Riverdale Suites Residents Association filed a writ petition (No. 6983 of 2024) in the Bombay High Court challenging actions of the Maharashtra Real Estate Regulatory Authority and others. The petition was filed on behalf of the Residents Association, but the counsel for the petitioner later sought leave to withdraw the petition and instead file a fresh petition on behalf of the Riverdale Suites Co-operative Housing Society. The Court examined the request for withdrawal and clarified that it had not expressed any opinion on the merits of the underlying dispute. The judges granted the petitioner's request, allowing the withdrawal of the writ petition with liberty to file a new one. Consequently, the original writ petition and the related interim application (No. 7702 of 2026) were both disposed of as withdrawn.
Issues considered
- Whether a writ petition filed by a residents association can be withdrawn and the petitioner be granted liberty to file a fresh petition on behalf of a co-operative housing society
Subjects
- withdrawal of writ petition
- civil appellate jurisdiction
- co-operative housing society
- Maharashtra Real Estate Regulatory Authority
- procedural law
Judgment
2-WP-6983-2024 WITH ORS.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6983 OF 2024
Riverdale Suites Residents Association .....Petitioner
Versus
Maharashtra Real Estate Regulatory Authority .....Respondents
and Ors.
WITH
INTERIM APPLICATION NO. 7702 OF 2026
IN
WRIT PETITION NO. 6983 OF 2024
Riverdale Suites Co-operative Housing Society .....Applicant/
Ltd., Through its Chairman Proposed Petitioner
In the matter between
Riverdale Suites Residents Association .....Petitioner
Versus
Maharashtra Real Estate Regulatory Authority .....Respondents
and Ors.
.....
Mr. A. Y. Sakhare, Senior Advocate, a/w Mr. Sandeep Raman, for the
Petitioner.
Mr. Chetan Kapadia, Senior Advocate, a/w Mr. Yuvraj Singh, Mr.
Pinkesh Shah i/b Mulla & Mulla and Craigie Blunt & Caroe, for the
Respondent No.3.
Mr. Vishwanath Patil a/w Mr. Akshay Naidu, for the Respondent-
PMC.
Mr. N. C. Walimbe, Addl. G. P. a/w Mr. A. A. Alaspurkar, A.G.P., for
the Respondent-State.
..…
CORAM : M. S. KARNIK &
SANDESH D. PATIL, JJ.
DATE : 5th OCTOBER 2026
Manisha 1/2
Digitally signed by
MANISHA MANISHA
BALKRISHNA BALKRISHNA TALEKAR
Date: 2026.10.06
TALEKAR 10:39:49 +0530
2-WP-6983-2024 WITH ORS.doc
P.C.:-
1. We have heard Mr. A. Y. Sakhare, learned Senior Advocate
for the Petitioner.
2. Learned Senior Advocate on instructions seeks leave to
withdraw this Petition with liberty to file a fresh Petition on behalf of
the Co-operative Housing Society since this Petition was filed by the
Residents Association.
3. It is made clear that, we have not expressed any opinion on
the merits of the matter. Rights and contentions of either of the
parties are kept open.
4. In view of above, Writ Petition No.6983 of 2024 stands
disposed of as withdrawn.
5. In view of disposal of Writ Petition connected Interim
Application No.7702 of 2026 also stands disposed of.
(SANDESH D. PATIL, J.) (M. S. KARNIK, J.)
Manisha 2/2
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