1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6488 OF 2011 Grampanchayat, Shirval ...Petitioner Versus Shri Malharrao Jaywantrao Deshmukh & Others ...Respondents Mr. Dilip Bodake for the Petitioner Mr.A.V.Anturkar i/b. Sugandh Deshmukh for the Respondent Nos.1 to 12 CORAM:- R.Y.GANOO, J. DATED:- 13th OCTOBER, 2011. P.C. 1. Learned Advocate for the petitioner has made available to the court the notices issued to various respondents on the basis of which a common suit being Regular Civil Suit No. 81 of 2010 was filed in the Court of Civil Judge, Junior Division, at Khandala. After some hearing it transpired that this Court made observations that if the persons who have received notices in regard to their structures, it was necessary for each of the plaintiff to file separate suit in regard to the 2 structure which was in his possession and in regard to which notice has been given under Section 53 of the Village Panchayat Act. When this was indicated to the advocates on both sides, that the joint suit for 11 structures could not have been entertained by the court and it was necessary for each of the respondent to file separate suit. 2. Learned Advocate for the respondents indicated that his clients have no objection to file separate suit for a separate structure holder provided the orders which are passed by the learned District Judge are allowed to run against the petitioner for some time so that each of the structure holder can file fresh suit and apply for interim relied in the said suit. In view of this, following order is passed to dispose of this petition. ORDER i) Statement made by learned Advocate Mr. Anturkar, upon instructions, from each an every person who is plaintiff in Regular Civil Suit No.81 of 2010 that each of the plaintiff in the said suit shall file a separate suit in regard to the notice received by each of the plaintiff in regard to the structure for the protection of which the 3 said Suit No.81 of 2010 was filed. Learned Advocate Mr. Anturkar seeks permission to withdraw Regular Civil Suit NO.81 of 2010 in view of the aforesaid statement. ii) The request made by learned Advocate Mr. Anturkar , referred to above is granted. Iii) The interim relief which is presently running against the petitioners in respect of each of the structure, covered by Regular Civil Suit No. 81 of 2010 shall continue to run against the petitioners till 15.11.2011. If each of the plaintiff wishes to protect his structure which is covered by Regular Civil Suit No.81 of 2010, such a plaintiff will have to file fresh suit in regard to his structure and apply for interim relief by way of fresh application. All contentions are left open. Each of the plaintiff will have to make out fresh case for interim relief. iv) Petition stands disposed of in above terms with no order as to costs. 4 v) In view of the aforesaid order, findings recorded by the learned Joint Civil Judge Junior Division, Khandala as well as learned Adhoc District Judge-I, Satara may not be used by any of the party in the new suits which will be filed. (R.Y.GANOO, J.)