Bombay High Court

M/S. JALASAI DEVELOPERS THRU. PARTNERS AND ORSversusJ. D. APARTMENT CO OP. HSG. SOC. LTD THRU. CHAIRMAN AND ORS

Decided: 31 August 2026
Disposal: Disposed Off

Holding

The petition is permitted to be withdrawn with liberty to file a suit challenging the order of deemed conveyance.

Summary

M/s. Jalasai Developers filed a writ petition in the Bombay High Court challenging an order of deemed conveyance. The petitioners, through senior counsel, later sought the Court's permission to withdraw the petition and instead pursue a suit against the order. The Court considered whether a petition can be withdrawn at the petitioners' request while preserving their right to litigate the matter later. It held that the petition may be withdrawn provided the petitioners are granted liberty to file a suit on the same issue. Accordingly, the Court granted the leave to withdraw and ordered the petition to be disposed of. All substantive contentions on the merits were left open for future determination.

Issues considered

Whether a writ petition may be withdrawn at the request of the petitioners
Whether the petitioners should be granted liberty to file a suit challenging the order of deemed conveyance after withdrawal

Subjects

writ petition
withdrawal
deemed conveyance
civil appellate jurisdiction
liberty to file suit

Judgment

Vaishnavi                                                  32-WP-10206-2025


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                      WRIT PETITION NO. 10206 OF 2025

M/s. Jalasai Developers            Through
Partners and Ors.                                        ...Petitioners

                      V/s.

J. D. Apartment Co Op. Housing Society
Ltd Through Chairman and Ors.                           ...Respondents
                                 ________________
Mr. Vijay Patil, Senior Advocate i/b Mr. Satyajeet Joshi a/w Mr. Chinmay
Joshi, for the Petitioners.
Mr. Sarthak Diwan, for Respondent No. 1.
                                 ________________


                                            CORAM: SANDEEP V. MARNE, J.

                                            DATED: 31 AUGUST 2026


P.C.:


1)          Mr. Patil, the learned Senior Advocate appearing for Petitioners,
on instructions, seeks leave of the Court to withdraw the Petition with
liberty to file a suit challenging the order of deemed conveyance.
Reserving the liberty so prayed for, the Writ Petition is permitted to be
withdrawn and disposed of. All contentions of the parties on merits are
kept open.


                                                      [SANDEEP V. MARNE, J.]


                                     Page No.1 of 1
                                    31 August 2026

Continue reading with your account

Checking your session…