State Of Mah And Others.. v. Mahaddeo Ramji Solanke And Others..

FA529-07 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 529/2007 (STATE OF MAHARASHTRA & OTHERS VERSUS MAHADEO RAMJI SOLANKE & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. H.N. Prabhu, A.G.P. for appellants.

Shri R.N. Ghongde, counsel for R-1 to 4.

CORAM : A.S. CHANDURKAR, J.

DATE : JANUARY 28 , 2019.

Learned counsel Shri R.N. Ghongde enters appearance for the respondents. Hence, Shri S.U. Nemade, learned counsel, stands discharged.

It is submitted on behalf of the respondents that being aggrieved by adjudication in L.A.C. No.33 of 1997, on 03.01.2004, the Acquiring Body had filed First Appeal No.679 of 2009. The Division Bench of this Court by its order dated 09.09.2009 allowed that appeal and after setting aside the judgment of the Reference Court remanded the proceedings for fresh adjudication after the Acquiring Body was impleaded.

In view of the order passed on First Appeal No.679 of 2009, the present challenge raised on behalf of the State of Maharashtra does not survive. The parties shall abide by the adjudication in the proceedings remanded pursuant to the order passed in First Appeal No.679 of 2009. Record & Proceedings be sent to the Reference Court at the earliest. The First Appeal stands disposed of. No costs.

JUDGE APTE