1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Writ Petition No.3895 of 2008 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard Mr.K.M.Suryawanshi, learned A.G.P. for the petitioner and Mr.P.R.Katneshwarkar, learned advocate for the Respondent Nos.1 to 3. 2. The challenge is to order rendered by the appellate Court in Misc.Civil Appeal No. 115/2004, whereby injunction is clamped on the petitioners in terms of the decree rendered in the suit as per judgment and order of the learned 2nd Additional District Judge, Nanded in an appeal (RCA No.209/1995). It is pertinent to note that by allowing the appeal against dismissal of the suit (RCS No.394/1993), the appellate Court was pleased to decree the suit. The decree itself shows that the petitioners were restrained from 2 dismantling construction of the houses of the Respondents which was within 50ft. from centre point of the Highway on its southern side, without following due course of law. In other words, the petitioners are entitled to take possession of the house property which is beyond 50 ft. from the centre point of the Highway by following due procedure i.e. acquisition and if the construction is within 50ft. from the centre point of the Highway then the demolition could be effected by giving notice to the Respondents. This being the legal position clarified by the appellate Court, no interference in the exercise of writ jurisdiction is necessary. The petition is accordingly disposed of. (V.R.KINGAONKAR,J.) Dt.12.06.2009. asp/office/wp3895.08 3