Nandurbar Municipal Council Thr Chief Officer v. Dilipkumar Bishandas Balani And ANR

SA 186-2009 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 186 OF 2009 Nandurbar Municipal Council, through its Chief Officer, Nandurbar Taluka and District Nandurbar ...APPELLANT (Original defendant)

VERSUS

1.

Shri Dilipkumar S/o Bishandas Balani, R/o near Gandhi statue, Nandurbar Taluka and District Nandurbar 2.

Mohammad Sadique Abdul Fajjaque R/o as above (Dismissed in view of order dated 30/10/2015) ...RESPONDENTS (Original plaintiffs) Shri D.S. Bagul, Advocate for appellant Shri C.R. Deshpande, Advocate for respondents No.1 & 2 CORAM : N.W. SAMBRE, J.

DATE : 4th August, 2017 ORAL ORDER Shri Bagul, learned Counsel for the appellant, upon instructions, makes a motion for withdrawal of appeal, with liberty to issue fresh notice under the provisions of the Maharashtra Municipal Councils, Nagar Panchayats & Industrial Townships Act, 1965.

SA 186-2009 (2) 2.

The motion, since not objected, stands allowed. 3.

Second Appeal stands disposed of as withdrawn, with liberty to appellant to issue fresh notice against original plaintiffs, as above.

( N.W. SAMBRE, J.) pjm