: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.307 OF 1998 WITH CIVIL APPLICATION NO.1473 OF 2009 State of Maharashtra ....Appellant V/s. M/s.Jayashree Builders & Ors. ....Respondents WITH FIRST APPEAL NO.308 OF 1998 WITH CIVIL APPLICATION NO.1474 OF 2009 State of Maharashtra ....Appellant V/s. Taralaxmi A. Mehta & Ors. ....Respondents Mrs.G.P. Mulekar, AGP for the Appellants in both the matters. Mr.G.S. Godbole for the Respondents in both the matters. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATED : 9TH APRIL, 2009. P.C. : 1. Heard Mrs.Mulekar, the learned A.G.P. for the Appellants. 2. Mr.Godbole waives service for the Respondents - Claimants. He has filed an affidavit in reply, hence both the applications are taken up for final hearing forthwith. : 2 : 3. First Appeal Nos.307 of 1998 and 308 of 1998 filed by the State of Maharashtra arise from a common award passed by the learned Joint District Judge at Thane in L.A.R. Nos.8 of 1991 and 9 of 1991 on 11.8.1995. These Applications have been filed in the respective First Appeals raising the issue that the Claimants’ application filed under Section 18 of the Land Acquisition Act, 1894 was not filed within limitation and as prescribed under the said section. 4. Admittedly, the award was passed by the Land Acquisition Officer on 24.6.1988 and the notices under Section 12(2) of the Land Acquisition Act dated 8.7.1988 were received by the Claimants on 27.7.1988. As per the State Government, the applications for certified true copy of the award was made for the first time by the Claimants on 23.9.1988, whereas as per Mr.Godbole, the first application for certified true copy was made on 2.8.1988 and the second application was made on 23.9.1988. He further stated that a certified true copy was served by the Claimants on 15.12.1988 and the application under Section 18 of the Land Acquisition Act was presented on 27.1.1989. 5. It was submitted by Mr.Godbole that the issue of limitation be framed and referred to the Reference : 3 : Court to decide the same after affording an opportunity to both the parties to lead evidence, as admittedly the issue of limitation is a mixed question of facts and law. In support of these submissions, he has placed reliance on the scheme of Order 41 Rule 25 of the C.P.C. and submitted that the parties must be given an opportunity to lead evidence so as to decide the issue of limitation and it would be more efficacious if the same is done by the trial Court rather than the Appellate Court through the same exercise. Mr.Godbole also submitted that there may be some documents which could be in the possession of the Claimants and as the issue of limitation was not taken before the Reference Court, perhaps these documents were not presented before the Reference Court by the Claimants. In this regard, Mr.Godbole has invited our attention to the advocate’s notice dated 15.8.1988 addressed to the Land Acquisition Officer, Thane and received by him on 28.8.1988. Mrs.Mulekar, the learned A.G.P. has no objection to refer the issue of limitation to be decided by the trial Court under Order 41 Rule 25 of the C.P.C. 6. Having regards to the submissions made by Mr.Godbole and Mrs.Mulekar as well as the scheme under Order 41 Rule 25 of the C.P.C., we allow both the Civil Applications and direct the Reference Court to : 4 : frame the issue of limitation in submitting the application under Section 18 of the Land Acquisition Act to the Collector/Special Land Acquisition Officer and after allowing the parties to lead evidence, record the findings as expeditiously as possible and preferably within a period of three months from the receipt of the writ from this Court. After recording the findings on the issue of limitation, the same shall be forwarded to the Registry of this Court within one weeks. 7. Stand over to 6.8.2009. 8. R. & P. be remanded to the Reference Court with further directions to return the same along with the findings on the issue of limitation. 9. Rule is made absolute with the above directions. The amendments to be carried out within two weeks and the writ to the Reference Court be issued immediately thereafter. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)