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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Disposed off as Withdrawn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the original writ petition and the related interim application (No. 7702 of 2026) were both disposed of as withdrawn.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  • Whether a writ petition filed by a residents association can be withdrawn and the petitioner be granted liberty to file a fresh petition on behalf of a co-operative housing society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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