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2020 Supreme(SC) 365

A.M.KHANWILKAR, DINESH MAHESHWARI
Ratnagiri Nagar Parishad – Appellant
Versus
Gangaram Narayan Ambekar – Respondent


Advocates Appeared:
For the Petitioner(s):Somiran Sharma, Rakesh Bhatkar, Advocates
For the Respondent(s):Sachin Patil, Rahul Chitnis, Nachiketa Joshi, Advocates

JUDGMENT

A.M. Khanwilkar, J.

1. Leave granted.

2. This appeal emanates from the judgment and order dated 29.8.2016 passed by the High Court of Judicature at Bombay [For short, “the High Court”] in Second Appeal No. 771/2015, whereby the judgment and decree dated 11.2.2015 passed by the District Judge, Ratnagiri [For short, “the first appellate Court”] in Regular Civil Appeal No. 34/2011 came to be affirmed, as a result of which the suit filed by the respondent Nos. 1 to 19 (original plaintiffs) in the Court of Civil Judge, Senior Division, Ratnagiri [For short, “the trial Court”] being RCS No. 25/2005 for permanent injunction against the appellant and respondent No. 20 (State of Maharashtra), restraining them from starting the Solid Waste Disposal Project [For short, “the Project”] at the suit property, has been decreed. In other words, the trial Court had dismissed the suit, but the first appellate Court allowed (decreed) the same, which decision has been upheld by the High Court in the Second Appeal.

3. Briefly stated, the respondent Nos. 1 to 19 filed the stated suit on 31.1.200


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