1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.338 OF 2009 WITH CIVIL APPLICATION NO.11653 OF 2008 (FOR INJUNCTION) AND CIVIL APPLICATION NO.1036 OF 2010 Sarlaben w/o Prakash Mehta, age: 52 years, Occ: Household, R/o Mahaveer Chowk, Jalna, District Jalna. Appellant Versus The Municipal Council, Jalna, through its Chief Officer, Jalna, District Jalna. Respondent Mr.K.J.Suryawanshi, advocate for the appellant. Mr.H.K.Munde, advocate for Respondent. WITH CIVIL APPLICATION NO.5833 OF 2009 Nihalchand Laxmichand Barlota Applicant Versus 1 Smt.Sarlaben Prakash Mehta 2 The Municipal Council, Jalna Respondents Mrs.M.A.Deshpande, advocate holding for Mr.Ajay Deshpande, advocate for applicant-intervener. CORAM: R.M.BORDE, J. DATE : 20 th January, 2010. P.C.: 2 1 Appellant – original plaintiff has presented Civil Application seeking permission to withdraw suit with liberty to avail of alternate remedy provided under the provisions of Maharashtra Regional and Town Planning Act, 1966 as well as Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act, 1965. 2 Learned Counsel appearing for Respondent-original defendant has no objection for permitting the applicant/appellant-original plaintiff to avail of alternate remedy provided under above noted statutes and for withdrawal of suit. 3 If such proceedings are lodged by plaintiff before appropriate forum provided under Maharashtra Regional and Town Planning Act, 1966 or before appropriate forum created under the provisions of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act, 1965, such an application/appeal shall have to be decided by the appropriate forum in accordance with provisions of law and after extending an opportunity of hearing to all parties concerned. 4 In this view of the matter, request made by plaintiff for withdrawal of suit is allowed. Present Second Appeal, therefore, does not survive and stand disposed of. In view of disposal of appeal, all pending Civil Applications, including application for intervention, do not survive and stand disposed of. (R.M.BORDE) JUDGE ******* adb/sa33809