Sarita Nathulal Chaudhary And Another v. Amgaon Municipal Council Thr. Tahsildar, Municipal Corporation, Amgaon And Others

2201wp5736.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.5736 of 2017 Sarita Nathulal Chaudhary, and another

Versus

Amgaon Municipal Council, through the Tahsildar (Acting as Administration), Amgaon, and others. Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri C.B. Dharmadhikari, Advocate for Petitioners. Shri A.Y. Kapgate, Advocate for Respondent Nos.2 and 4. Shri V.A. Thakre, Assistant Government Pleader for Respondent Nos.2 and 4.

Shri Abhijeet Sambaray, Advocate for Respondent Nos.5 to 8. Shri Anant Dixit, Advocate for Respondent Nos.9 to 14. Coram : R.K. Deshpande & Vinay Joshi, JJ.

Dated : 22nd January, 2019 The petitioners are at liberty to file a civil suit, as the other persons have already approached the Civil Court and their cases are pending. The petitioners are also at liberty to apply for grant of injunction. We, therefore, keep all the questions open and permit the petitioners to withdraw this petition with a view to avail the remedy of filing a civil suit for appropriate reliefs. We direct that the status quo shall be maintained as on this date till the filing of the application for grant of injunction by the petitioners within a period of thirty days from today. If such application is not filed, the interim order shall stand vacated without reference to this Court.

(Vinay Joshi, J.) (R.K. Deshpande, J.) Lanjewar