1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.5315 OF 2008 Sonabai wd/o Narayan Sarvade. PETITIONER. V E R S U S Sau. Sumanbai w/o Haribhau Narwate and ors. RESPONDENTS. Shri R.D. Mane, Advocate for the petitioner. Shri T.G.Gaikwad, Advocate for respondent No.1. Shri S.D. Kaldate, AGP for Resp. State CORAM : B.R. GAVAI, J : DATE : 23rd JUNE, 2009. PER COURT :- 1. By way of present petition, the petitioner challenges the order dated 15.04.2008 vide which the application filed by the present petitioner under order 1 Rule 10 of the Code of Civil Procedure came to be rejected. 2. The land of one Narayan Sarvade has been acquired. The petitioner is his first wife. The respondent No.1 is daughter of said Narayan from his second wife. 3. After acquisition of the land, respondent No.1 filed proceedings for enhancement of the compensation. In the said proceedings i.e LAR 735/2004 an application has been filed by the 2 present petitioner for joining her as party respondent. Said application is rejected. 4. The petitioner has an altlernate efficacious remedy to make application to collector and if such an application is made to the Collector, the collector is bound to refer it to the Court. 5. In that view of the matter, the petitioner seeks liberty to withdraw the petition with a liberty to make an application to the Collector for referring the dispute to the Court. The petition therefore disposed of as withdrawn with liberty as aforesaid. ( B. R. GAVAI ) JUDGE ..... aaa/office/wp5315.08 3