Ashok Dhulaji Aware v. Balkrishna Venkatrao Deshmukh And Others

2025:BHC-AUG:33299 (1) 903sa206.94.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 SECOND APPEAL NO. 206 OF 1994 BALKRISHNA VYANKATESH DESHMUKH ....Appellant

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA .....Respondent WITH CIVIL APPLICATION NO. 3043 OF 1995 IN SA/207/1994 WITH SECOND APPEAL NO. 207 OF 1994 WITH CIVIL APPLICATION NO. 2936 OF 2009 IN SA/206/1994 WITH CIVIL APPLICATION NO. 14527 OF 2015 IN SA/206/1994 Mrs. C. S. Deshmukh, Advocate for the appellant CORAM : ABHAY J. MANTRI, J.

DATE : 02nd DECEMBER, 2025 PER COURT :

1.

On 24-11-2025, the matter was heard for some time, and when this court was not inclined to interfere with the impugned order, at that time, the learned advocate for the appellant sought one week's time to take necessary instructions.

2.

Accordingly, today on instructions and in view of para 3 of the judgment in 'Laxmi Chand and others Vs Gram Panchayat,

(2) 903sa206.94.odt Kararia and others reported in AIR 1996 SC 523', the learned advocate for the appellant seeks leave to withdraw the appeal with liberty to file appropriate proceedings before the appropriate forum. She also urged the continuation of the interim relief granted on 1807-1995 in C.A. No. 3043/1995 for a further period of ten weeks. 2.

Her statement is accepted. Leave is granted.

3.

In view of the statement, the Second appeals are dismissed as withdrawn with liberty as prayed for. 4.

Needless to clarify that the interim relief has been running since 1995, and as such, the same is to be continued for a further six weeks from today, till then the appellant will file appropriate proceedings before the appropriate forum. 5.

In view of the dismissal/withdrawal of the second appeal, the civil applications, if any, stand disposed of. [ABHAY J. MANTRI, J.] VishalK/903sa206.94.odt