:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2299 OF 2008 Shri Mallappa Bhau Vadgave and anr. ..Petitioners Vs. Appasaheb Deu Vadgave & anr. ..Respondents Mr. Vijay Killedar for petitioners. Mr. Amit Shete for respondent no.1. Mr. R.M. Patne, AGP for respondent no.2. CORAM: CORAM: CORAM: B.H. B.H. B.H. MARLAPALLE, J. MARLAPALLE, J. MARLAPALLE, J. Date Date Date : : : April 03, 2008. April 03, 2008. April 03, 2008. P.C.: P.C.: P.C.: 1. This petition filed under Article 227 of the Constitution impugns an interlocutory order dated 16/1/2008 passed by the learned Civil Judge, J.D. at Kurundwad, Taluka Shirol, thereby rejecting the application filed at Exh.43 in Regular Civil Suit No. 99 of 1997. The petitioners are the defendants in the said suit and they had taken out the application at Exh.43 praying for reference to the Competent Authority under Section 36-B(1) of the Bombay Prevention of Fragmentation and Consolidation of :2: Holdings Act, 1947, as under Section 36(A) the Competent Authority is the sole adjudicator and the Civil Court does not have any power to decide or deal with any question which is by or under the Said Act required to be settled, decided or dealt with by the State Government or any officer or authority. 2. There is no dispute that an application has already been filed with the Settlement Commissioner way back on 30/6/1997 and the said application has not yet been decided. If the said application is decided, both the parties agree that the reference is not required to be made as prayed for in the application at Exh.43 and both the learned counsel agreed that the petition could be disposed off by directing the Settlement Commissioner to decide the application pending before him. 3. Hence, leave to add the Settlement Commissioner as respondent no.2 and the learned AGP appears for the said added respondent. 4. The respondent no.2 is directed to decide the pending application dated 30/6/1997 as per law and as :3: expeditiously as possible and in any case before 30/6/2008. Trial of the suit i.e. R.C.S. No.99 of 1997 shall remain stayed till 30/6/2008 or till the Settlement Commissioner decide the pending application, whichever is earlier. 5. Writ Petition is disposed off in terms of the above directions. Writ to go to the trial court as well as the Settlement Commissioner forthwith. (B.H. (B.H. (B.H. Marlapalle,J.) Marlapalle,J.) Marlapalle,J.)