Shri. Dyneshwar Sadashiv Katurde And ORS v. Gram Panchayat, Dhanore And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1931 OF 2015 IN WRIT PETITION NO.5392 OF 2013 Dyaneshwar Sadashiv Katurde and Ors.

..Applicants.

IN THE MATTER OF

Gram Panchayat, Dhanore and Ors.

..Petitioners.

V/s.

The Collector, Pune and Ors.

..Respondents.

Mr.Harinder Toor with Mr.S.B.Pawar and Ms.Swati Sawant i/b. S.K. Legal for the applicants.

Mr.S.A.Sawant for the petitioners.

Mrs.M.P.Thakur, AGP for respondent Nos.1 to 6. CORAM : A.S.OKA AND V.L.ACHLIYA, JJ.

DATED : 28TH SEPTEMBER, 2015 P.C. :- 1.

The learned counsel appearing for the applicants on instructions states that applicant Nos.1 to 7, 18 to 20, 22, 23 and 25 had already transferred the lands claimed by them before filing this application. This amounts to suppression of material facts. 2.

Faced with this difficulty, the learned counsel for the applicants seeks permission to withdraw this application with 1/3

liberty to file a fresh application on behalf of only those applicants who have not created any third party rights in respect of the lands claimed by them.

3.

Accordingly, the application is disposed of as withdrawn with liberty as prayed.

(V.L.ACHLIYA, J.) (A.S.OKA. J.) 2/3

C E R T I F I C A T E and correct copy of original signed Judgment / Order. 3/3