(1) SA. 259.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 259 OF 2009 M/s Reliance Automotive (INDIA) through it’s Partners and ors. .. Appellants VERSUS The Collector Ahmednagar and others .. Respondents WITH CIVIL APPLICATION NO. 3707 OF 2009 IN SECOND APPEAL NO. 259 OF 2009 M/s Reliance Automotive (INDIA) through it’s Partners and ors. .. Applicants VERSUS The Collector Ahmednagar and others .. Respondents Mr. Nitin V. Gaware, Advocate for the appellants- applicants Mrs. Madhaveshwari D. Thube, Advocate for the respondents 2 and 3 CORAM : A.V. NIRGUDE, J. DATED : 14TH AUGUST, 2009 P.C.:- 1] Heard. By consent, the following order is passed for disposal of this appeal:- . On the appellants depositing Rs.10,47,511=68 on or before 14.10.2009, the second appeal shall stand allowed and the judgments of both the lower (2) SA. 259.2009 Court shall stand set aside. If the amount is not deposited as directed above, the second appeal shall stand dismissed. . If the amount as directed above is deposited, the lower Court shall permit the appellants- plaintiffs to adduce further oral and documentary evidence, subject to cross-examination by the respondents-defendants. The lower Court shall also give sufficient opportunity to the respondents- defendants to lead further evidence, if they want. In case the suit is dismissed, the amount deposited by the appellants shall be paid to the respondents. The respondents shall not dis-possess the appellants without following the due process of law. 2] The Second Appeal stands disposed of. 3] In view of the order passed in Second Appeal no. 259 of 2009, Civil Application no.3707 of 2009, seeking injunction does not survive, the same stands dismissed. Interim stay granted earlier stands vacated. Sd/- (A.V. NIRGUDE, J.) arp