1 THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR First Appeal St.No. 12140/2007 VIDC thr.Executive Engineer,Lower Wardha Canal Division, Wardha ..vs.. Girja Arjun Girsawale and ors. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Mr. V. G. Palshikar, Advocate for the appellant. Mr. T. A. Kankale, A.G.P. for respondent no.7. CORAM: S. A. BOBDE & F. M. REIS,JJ. DATED : 16 th June, 2009 Civil Application No. 8813/2007 Heard. In view of uncontroverted averments, the application for condonation of delay of 301 days is allowed. Application stands disposed of accordingly. Civil Application No. 8814/2007 Heard. In view of uncontroverted averments, leave to appeal is granted. Application stands disposed of accordingly. First Appeal St. No. 12140/2007 Heard. Having heard the matter for some time, in view of undisputed fact that though the appellant is acquiring body but was not joined as party, the judgment and 2 award under challenge in the present appeal is set aside. The matter is remanded back to the reference Court for fresh decision after joining the appellant as party to the reference. Upon the appellant’s deposing the amount of award before the reference Court, the reference Court shall proceed to decide the matter, as expeditiously as possible and in accordance with law. JUDGE JUDGE kahale