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Heard Mr. Darshan Kinariwala, learned advocate with Mr. Ronith Joy, learned advocate for the petitioner and Mr.Dhaval G. Nanavati, learned advocate for the respondent.

Mr. Darshan Kinariwala, learned advocate for the petitioner submits that main issue which is required to be determined would be whether the construction made by the petitioner is on his own land or on Common Open Plot (COP) land and the entire controversy revolves around the said issue only. Therefore, since in writ petition under Article 226 of the Constitution of India, the controversy related to disputed question of facts cannot be said. Hence, Mr. Kinariwala, learned advocate seeks permission to withdraw this petition with a view to file appropriate proceedings before the competent court.