Godawari Marathwada Irrigation Devp. Corp v. Sheshrao Bapurao Shinde, Died, Thr. L.Rs. Rajendra @ Raju Sheshrao Shinde And ORS

364.12fa -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 364 OF 2012 Godawari Marathwada Irrigation Development Corporation.

...Appellant versus Sheshrao s/o Bapurao Shinde Died thr. L.Rs.

Ajendra @ Raju s/o Sheshrao Shine & ors.

...Respondents

.....

Mrs. Kalpalata Patil, Advocate for appellant Mr. P. P. More, A. G. P. for respondent/State .....

CORAM : N.W. SAMBRE, J.

DATE : 10th JULY, 2015 ORAL ORDER :

Parties to the present appeal agree for the remand of the matter to the Reference Court, as the Reference Court in paragraphs-14 and 15 has not applied its mind to the evidence and proceeded to award enhanced compensation.

2.

In view thereof, the appeal preferred by acquiring body is hereby allowed.

3.

The award delivered in L. A. R. No. 294 of 1982 on

364.12fa -226/06/2009 by the learned Civil Judge, Senior Division, Parbhani is hereby set aside. The said reference is restored to the file of Civil Judge, Senior Division, Parbhani, who is directed to decide the said reference from the stage of final hearing, as expeditiously as possible and in any case, within period of three months from today. 4.

The parties hereto agree that they shall appear before the Reference Court on 27/07/2015 and shall co-operate the Reference Court for deciding the reference on merit. [ N.W. SAMBRE, J. ] Tupe/10.07.15