1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2817 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Mr.R.N. Dhorde Advocate i/b. Mr. V.R. Dhorde Advocate for Petitioner. Mr.N.D. Sonwane Advocate h/f. Mr. V.D. Hon Advocate for Respondent sole. CORAM: K.K. TATED, J. DATE : 9TH SEPTEMBER, 2009. 1. Mr. R.N. Dhorde, learned counsel appearing on behalf of the Petitioner tendered a letter dated 9th September, 2009 from Chalisgaon Municipal Council, Chalisgaon, Dist-Jalgaon stating that they are withdrawing the impugned notice dated 9th August, 2007 issued to the Respondent in respect of unauthorized construction, with liberty to issue fresh notice after following due process of law. The said letter is taken on record and marked "X" for identification. Respondent filed Regular Civil Suit No.131 of 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 2007 in the Court of Civil Judge, Junior Division, Chalisgaon challenging the notice dated 9th August, 2007 itself. In view of the withdrawal of notice dated 9th August, 2007, the suit became infructuous and therefore the Respondent - plaintiff is directed to make appropriate application before the Civil Court. In view of the withdrawal of the impugned notice dated 9th August, 2007, order dated 11th February, 2009 passed by the District Judge-2, Jalgaon in Misc. Civil Appeal No.69 of 2008 is set aside. Writ Petition is disposed of accordingly. [K.K. TATED, J.] asb/SEPT09/wp2817.09