Nagar Parishad Parishad Parli Vaijanath Thro. Chief Officer, Nagar Parishad Parli. v. Somnath Gurushidappa Chaudhari Died Lrs. Shalan Somnath Chaudhari And ORS.

2025:BHC-AUG:4548 100-ca-943-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. (ST.) NO.26545 OF 2021 Nagar Parishad Parishad Parli Vaijanath Thro. Chief Officer, Nagar Parishad Parli.

VERSUS

Somnath Gurushidappa Chaudhari Died Lrs. Shalan Somnath Chaudhari And Ors.

WITH CIVIL APPLICATION NO. 943 OF 2022 IN CIVIL APPLICATION NO. 944 OF 2022 ...

Mr. V. V. Bhavthankar, Advocate for Appellant. Adv. M. A. Kulkarni, Advocate for Respondent Nos. 1/1, 1/2 and 1/4 .....

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 14th FEBRUARY, 2025 PER COURT :- 1.

Heard Mr. Bhavthankar, learned Advocate appearing for the appellant.

2.

He submits that under the impugned decree, the appellant is restrained from making construction of road, except in accordance with law.

3.

Mr. Bhavthankar submits that now, the Municipal Council has initiated proceeding for acquisition of land of the plaintiffs which may be affected by expansion of road.

100-ca-943-2022 4.

In that view of the matter, Municipal Council do not wish to proceed with the appeal. Mr. Bhavthankar placed on record written communication received from the Municipal Council, Parli Vaijanath, which is taken on record and marked as Exhibit "X" for identification.

5.

Accordingly, he seeks permission to withdraw the Second Appeal.

6.

In result, the Second Appeal is permitted to be withdrawn 7.

Consequently, Second Appeal stands dismissed. 8.

In view of dismissal of Second Appeal, nothing survive in Civil Applications and same are accordingly disposed of. ( S. G. CHAPALGAONKAR, J. ) Rushikesh/2025