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Bombay High CourtFA/2125/2005allowed

The Ichalkaranji Municipal Council v. Tejpal Chandulal Shah And ORS.

2025-12-05Hon'Ble Shri Justice Shivkumar Dige2 pages

59-FA-2125-2005 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2125 OF 2005 WITH CIVIL APPLICATION NO. 37 OF 2021 IN FIRST APPEAL NO. 2125 OF 2005 The Ichalkaranji Municipal Council ...Appellant (Original Opponent No.2.)

Versus

Tejpal Chandulal Shah And Ors.

...Respondents

ALONG WITH CROSS OBJECTION STAMP NO.19879 OF 2006 IN FIRST APPEAL NO. 2125 OF 2005 Tejpal Chandulal Shah And Ors.

...Appellants (Original Opponent No.2.)

Versus

The Ichalkaranji Municipal Council & Ors.

...Respondents

.....

Mr. Akshay P. Shinde, Advocate for the Appellant. Mr. Kayval Shah, Advocate for Respondent nos. 1 and 2. Mr. Tejpal Chandulal Shah Respondent in person is present. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

5th DECEMBER 2025 P.C.

FIRST APPEAL NO. 2125 OF 2005 :

1.

Heard learned counsel for Appellant and learned counsel for Respondent. Mr. Tejpal Shah party-in-person is present in the court. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.08 14:51:49 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

59-FA-2125-2005 (C).DOC 2.

Learned counsel for the appellant on instructions seeks leave to withdraw this appeal as Respondent, who is cross objectioner is also withdrawing his cross objection.

3.

Considering the submission of learned counsel for the Appellant and respondents, Appeal is allowed to be withdrawn. 4.

The appeal is dismissed and disposed of as withdrawn. 5.

In view of disposal of First Appeal, pending Civil Application, if any stand disposed off.

CROSS OBJECTION STAMP NO.19879 OF 2006 :

6.

Heard learned counsel for Cross objectioner and learned counsel for Respondent. Mr. Tejpal Shah party-in-person is present in the court.

7.

Learned counsel for the Cross objectioner on instructions seeks leave to withdraw this cross objection on the ground that the Appellant-Municipal Corporation is also withdrawing their Appeal/Application.

8.

Considering the submission of learned counsel for the cross objectioner and Respondent-Municipal Corporation, the cross objection is allowed to be withdrawn.

9.

The cross objection is dismissed and disposed of as withdrawn.

(SHIVKUMAR DIGE, J.) Sajakali Jamadar