cas725.15&sa197.14
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Civil Application No. 725 of 2015
And
Second Appeal No.197 of 2014
Smt. Usha Arun Gajbhiye,
aged 38 years,
occupation - business,
resident of Kumbhare Nagar,
Gondia,
Tq. & Distt. Gondia. ..... Appellant.
Defendant.
Versus
1. Maharashtra Agriculture Produce
Marketing Committee,
Tirora,
District - Gondia,
through its Secretary
Raghvendra Singh son of
Chandan Singh Bais,
aged about 51 years,
occupation - Service,
resident of Tirora,
Tq. Tirora,
Distt. Gondia.
.....Original Plaintiff.
2. Municipal Council, Tirora,
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cas725.15&sa197.14
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through its Chief
Officer, Tq. Tirora,
Distt. Gondia.
.....Org. Defendant No.2. ..... Respondents.
*****
Mr. Mirza, Adv., for the appellant.
Mr. I. N. Chaudhari, Adv., for respondent no.1.
Mr. M.I. Dhatrak, Adv., for respondent no.2.
*****
CORAM : A.S. CHANDURKAR, J.
Date : 31st July, 2017 ORAL JUDGMENT:
01. After admission of this appeal, the appellant has moved aforesaid Civil Application seeking disposal of the appeal in view of the orders passed in Writ Petition No.5587 of 2014.
02. The respondent no.1 is the original plaintiff that had filed suit for declaration with regard to land Survey Nos. 202/1-A and 202/1- B. The declaration sought was, as the land was reserved for construction of Mandi and godown, no construction should be made thereon by the owner of the property. The suit was decreed and ::: Uploaded on - 02/08/2017 ::: Downloaded on - 06/08/2017 00:18:56 ::: cas725.15&sa197.14 3 appeal filed by the defendant no.1 was dismissed.
03. During pendency of the proceedings, the defendant no.1 had filed Writ Petition No. 5587 of 2014 seeking a declaration that the land acquisition proceedings for acquiring the aforesaid land had lapsed. By order dated 6th April, 2015, the Writ Petition was disposed of by declaring that the acquisition proceedings for the suit land had lapsed in view of provisions of Section 11A of the Land Acquisition Act, 1894. In that backdrop, the Civil Application has been filed stating therein that the cause for seeking the declaration in the suit no longer survives.
04. The original plaintiff has filed an affidavit dated 25th July, 2016. In para 3 thereof, it has been stated that the Body of Administrators has taken a decision that due to paucity of funds, the land of the defendant no.1 cannot be acquired. The respondent no.2 has also filed an affidavit in terms of the order passed by this Court.
05. Considering the fact that the original plaintiff does not desire to acquire the land in question and the acquisition proceedings having been declared to have lapsed, the cause for filing the suit now does not survive.
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06. In view of aforesaid subsequent developments, the prayer made in the Civil Application is granted. The judgment in Regular Civil Suit No. 61 of 2012 dated 29th April, 2013 as confirmed in Regular Civil Appeal No. 70 of 2013; decided on 9th December, 2013 is, therefore, set aside. It is observed that the rights of the parties would be governed by the adjudication in Writ Petition No. 5587 of 2014.
07. Second Appeal is disposed of. No costs.
Judge
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