1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8544 OF 2009 Sau. Saroj w/o. Gopalrao Sondge .. petitioners Versus Babasaheb s/o. Laxmanrao Bhavar .. Respondent. --- Mr. N.V. Gaware, Advocate for petitioner. Mr. C.V. Thombre, Advocate for respondent. CORAM : B.R. GAVAI,J. DATE : 17th December, 2009. ORAL ORDER :- 1] By way of present petition, the petitioner challenges the order dated 25th November, 2009, passed by the learned District Judge, Beed, in M.C.A. No. 63/2009, vide which the appeal filed by the respondent, challenging the order passed by the learned trial court, granting injunction in favour of the petitioner, came to be allowed. 2 2] The suit came to be filed by the petitioner contending therein, that the respondent was making construction in a plot, abutting his plot, in contravention of the building plan sanctioned by the Municipal Council. Alongwith the suit, an application for temporary injunction was also file. The same was allowed. Being aggrieved thereby, the respondent/defendant has filed an appeal. The appeal is allowed and the order of injunction is set aside. Being aggrieved thereby, the present petition. 3] The respondent has filed an affidavit in reply. A categorical statement is made therein that he is making the construction of building as per the development plan sanctioned by the Municipal Council. In that view of the matter, the grievance of the petitioner no more survives. If the Municipal Council finds that the construction made by the respondent is in contravention of the building plan, the same shall be liable to be demolished at the cost and risk of the present respondent. 4] Writ petition is disposed of , with the aforesaid observations. [B.R. GAVAI,J.] Grt/-