1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. -------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders |Court’s or Judge’s orders. or directions and Registrar’s orders | LETTERS PATENT APPEAL NO.182/2009 AGAINST W.P.NO. 5821/2009 WITH C.A.9808/09 WITH C.A.NO.5776/2010 Shri P.D.Bachate,Adv.for appellant Shri S.P.Shah,Adv.for R.2 Shri Mukul Kulkarni,Adv.for intervener (in C.A.No.5776/2010) .... CORAM : NARESH H.PATIL & N.D.DESHPANDE,JJ. DATE : 3/5/2010. 1] The appellant challenges the order dated 4/9/2009 passed by Single Judge (Coram : K.K.Tated,J.) in Writ Petition No.5821/2009. The learned counsel for appellant submits that third party rights are not created. Construction of shops is going on. The possession is not handed over. Learned counsel for corporation 2 submits that the allotment of the plots were already auctioned and third party rights are created. Shri Kulkarni, learned counsel for intervener submits that he is one of the allottees and the agreements are already entered into with the corporation in respect of the subject matter of the suit. Amount has been paid to the corporation. 2] The learned Single Judge in the order passed on 4/9/2009 in paragraph 4 observed as under : “ Admittedly, as on today, third party rights are created in favouro f the higest bidders and therefore, the petitioners are not entitled to any relief in the present Writ Petition under Articles 226 and 227 of the Constitution of India.” 3] In the light of the subsequent developments and in the facts and circumstances of the case, we find that the appeal does not deserve consideration. Appeal is dismissed. 3 4] Learned counsel for appellant at this stage submits that order of status- quo be granted by this Court to be continued for 3 months. The submission is meritless. Hence, it is rejected. 5] In view of dismissal of Appeal, Civil Application Nos.9808/09 and 5776/2010 do not survive and the same are dismissed. (N.D.DESHPANDE) (NARESH H. PATIL) JUDGE JUDGE umg/lpa182-09