Shankar Changa Chogle v. Administrator (Prashasak) Nirmal Gram Panchayath Pajpandhari

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11847 OF 2016 Shanker Changa Chogle .. Petitioner V/s.

Administrator (Prashasak), Nirmal Gram Panchayath, Pajpandhari .. Respondents Mr.L.R.Castelino for the petitioner Mr.Sumit S. Kothari for the respondent

CORAM:

K.K. TATED, J DATED :

NOVEMBER 29, 2018 P.C. :

Heard.

By this petition under Article 227 of the Constitution of India the Petitioner challenges the concurrent finding of facts recorded by both the courts below rejecting Petitioner's Application for injunction restraining respondent from demolishing unauthorised construction carried out by the Petitioner.

After arguing for some time, the learned counsel for the Petitioner after taking instruction from his client who is present in court makes a statement that Petitioner may be allowed to Mohite 1/2

917 wp11847-16.doc withdraw the Writ Petition unconditionally and suit be expedited. To that effect, he has given in writing. Same is taken on record and marked "X" for its identification. Same is accepted. Hence, following order is passed:

a Writ Petition stands disposed of as withdrawn unconditionally.

b Hearing of Regular Civil Suit No. 120 of 2013 pending before the Civil Judge, Junior Division Dapoli is expedited. c This court expects Trial Court to decide Regular Civil Suit No. 130 of 2013 as early as possible but in any case on or before end of June, 2019.

d No order as to costs.

(K.K. TATED, J.) Mohite 2/2