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Supreme Court of India

SAI SEVABHAVI TRUST vs MUNICIPAL COUNCIL NANDED on 11 January, 2011

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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2620 OF 2002
SAI SEVABHAVI TRUST, NANDED AND ANR. Appellant(s)
:VERSUS:
MUNICIPAL COUNCIL, NANDED AND ORS. Respondent(s)
(WITH C.A. No.2621/2002)
O R D E R
C.A. No.2620/2002:
Mr. Mohta, learned senior counsel appearing on
behalf of the appellant Trust, on instructions,
submits that the Shops allotted to the Trust by the
Municipal Council, Nanded, have not been put to any
use and the Trust is willing to surrender the same
to the Municipal Corporation, Nanded, on or before
31st January, 2011. In view of the statement of Mr.
Mohta, no further orders are necessary with regard
to the shops allotted to the Trust and this appeal
to that extent is disposed of.
Mr. Mohta, learned senior counsel appearing on
behalf of Dattatraya Pandurang Savant, submits that
he would try to settle the matter as far as the

rental of Shop Nos.23 and 24, allotted to him, is concerned and if no settlement is arrived at, in that event the Municipal Corporation would be at liberty to get these shops evicted from him according to the provisions of law. With these observations, this appeal is disposed of. C.A. No.2621/2002: Mr. Mohta, learned senior counsel appearing on behalf of the appellant Trust, on instructions, submits that Plot No.34 situated at Nanded has not been put to any use by the Trust and the appellants are willing to surrender the same to the Municipal Corporation, Nanded, on or before 31st January, 2011. In view of the statement made by the learned senior counsel Mr. Mohta, nothing survives in this appeal and it is disposed of as such.

.....................J (DALVEER BHANDARI) .....................J (DEEPAK VERMA)

New Delhi; January 11, 2011.