1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.170 OF 2009 Hemant s/o Bhausaheb Deshpande, R/o. c/o. Deshpande Hospital, Anandi Bazar, Patwardhan Chowk, Ahmednagar. and another. .. Appellants Versus Office In-charge, Ahmednagar Corporation, Ahmednagar. .. Respondent ... Mr. V.S. Badakh, Advocate holding for Mr. S.P. Deshmukh,Advocate for the appellants. Mr. V.P. Latange, Advocate for the respondent. ... CORAM : K.K. TATED, J. DATE : 1st JULY, 2009. PER COURT : 1. Heard learned Counsel for the appellants and for respondent. Present Second Appeal is preferred by the original plaintiffs against the judgment and decree dated 26-08-2008 passed by the District Judge-4 Ahmednagar in R.C.A. No.255 of 2005 arising out of the judgment and decree 2 dated 15-06-2005 passed by the Civil Judge, Senior Division, Ahmednagar in R.C.S. No. 369/2003. 2. In the present case, the respondent issued notice dated 19-03-2003 directing the appellants to demolish the construction of first floor of property bearing City Survey NO.5707/2 bearing Municipal House No. 4304, City Survey No. 5507/3 bearing Municipal House No.4302, City Survey NO. 5507/2 bearing Municipal House No. 4304, City Survey No. 5506/1 bearing Municipal House No. 4306, City Survey No. 5507/4 and City Survey No. 5507 situated at Patwardhan Chowk, Ahmednagar. 3. Learned Counsel appearing on behalf of the respondent placed on record a letter dated 26-06-2009 of Ahmednagar Municipal Corporation, Ahmednagar stating that they are ready to withdraw the said notice dated 19-03-2003 with liberty to take appropriate steps as per law. Learned Counsel appearing on behalf of the 3 appellants makes a statement that in view of the letter dated 26-06-2009, he do not want to press the present Second Appeal. 4. In view of the said statement, second appeal stands disposed of with no order as to costs. [ K.K. TATED, J.] sut/JUL09/sa170.09