Bombay High Court

ASHOK BHIMRAO JADHAV AND ORSversusJYOTIRADITYA BUILDERS THR ITS PARTNER SANJAY SHIVAJIRAO SHINDE AND ANR

Disposal: Disposed Off

Holding

The writ petition is disposed of as withdrawn, with liberty granted to the petitioners to pursue the remedy under Section 44 of RERA, while all substantive contentions remain open.

Summary

The petitioners filed a writ petition seeking relief, but their counsel acknowledged that a specific remedy exists under Section 44 of the Real Estate (Regulation and Development) Act, 2016. The petitioners expressed a desire to withdraw the writ petition and pursue the statutory remedy instead. The Court, noting this request, disposed of the writ petition as withdrawn and granted the liberty sought by the petitioners. It also indicated that all substantive contentions, including those related to limitation, remain open for consideration in the alternative remedy. No further orders were made beyond the withdrawal.

Issues considered

Whether the writ petition may be withdrawn in view of the availability of a remedy under Section 44 of the Real Estate (Regulation and Development) Act, 2016

Legislation cited

Real Estate (Regulation and Development) Act, 2016 — s. 44

Subjects

Real Estate Regulation
Section 44
Writ Petition Withdrawal
Limitation

Judgment

                                                        51-WP-11271-2025 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                        CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 11271 OF 2025

Ashok Bhimrao Jadhav And Ors                                        ...Petitioners
       Versus
Jyotiraditya Builders Thr Its Partner Sanjay
Shivajirao Shinde And Anr                                         ...Respondents

                                 …..
Adv. Gajanan Savagave a/w Adv. Prashant B. and Adv. Giridhar Koli,
Advocate for Petitioners.
Adv. Rugwed R. Kinkar, Advocate for Respondents.
                                 …..


                                       CORAM : SHAILESH P. BRAHME, J.

                                       DATE     : 28th AUGUST, 2026.

P.C. :

           The learned counsel for the petitioner fairly concedes that there is

a remedy under Section 44 of the Real Estate (Regulation and

Development) Act, 2016. His client wishes to withdraw the petition and

avail of the said remedy.

2.         Accordingly, the writ petition is disposed of as withdrawn with

liberty as sought for.

3.         All contentions, including limitation, are kept open.


                                                 [ SHAILESH P. BRAHME, J.]




     ZIP                                                                  1 of 1

Continue reading with your account

Checking your session…