1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR F.A.NO.1261 of 2008 Justice Cooperative Housing Society Ltd. ..vs.. Sadashiv Durgaji Ambhore =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr.A.M.Ghare Adv.for the appellant. Mr.Vyawahare Adv. for the respondent. C ORAM : C.L.Pangarkar, J. DATED : 8th April, 2010. 1. Heard the learned counsel for the appellant and the respondent. 2. This appeal has been preferred against the order passed by the Civil Judge in a reference under Section 30 of the Land Acquisition Act. 3. The reference was made to the civil court because the appellant and the respondent laid their claim before the Land Acquisition Officer in respect of the compensation determined. 4. The reference court upon consideration of the evidence had directed that the compensation be paid to the present respondent. The appellant, 2 therefore, feels aggrieved. 5. Mr.Vyawahare, the learned counsel for the respondents, submits that the appeal itself is not maintainable in view of the fact that the appellant is not a registered Society. It is not in dispute, in fact, that the appellant is not a registered Society and merely a proposed society. However, it would be necessary for the court to go into the question as to whether the proceedings before the civil court under Section 30 could be treated as a civil suit or not, or it is merely a proceedings for determination of apportionment of the compensation. In the circumstances, I find that this appeal needs consideration. The appeal is, therefore, admitted. 6. C.A.NO.5275 of 2008. Interim stay to the execution of the award. JUDGE. chute 3