- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3717 OF 2008 ----------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s appearances, Court’s orders order or directions ----------------------------------------------------- ¦ Mr.G.S.Godbole for the ¦ Petitioners. ¦ Mr.Amol P.Mhatre for the ¦ Respondents. ¦ Mr.S.N.Patil, AGP for State. ¦ ¦ CORAM: ANOOP V. MOHTA , J. ¦ DATED: 26TH NOVEMBER, 2008 P.C.: Pursuant to the order passed by this court, the State Government has filed an affidavit dated 7-8-2008 with regard to property in question. The appellate court also in paragraph 19, in fact, dealt with this aspect with regard to Bombay Tenancy & Agricultural Lands Act referring to the provisions of Section 43 of the said Act. The affidavit, so filed for the first time in the High Court, in my - 2 - opinion, need to be considered by the appellate court again and pass a detailed order accordingly. Therefore, without observing anything on the merits of the matter, the impugned order is quashed and set aside. The matter is remanded. The District Judge to hear the appeal considering the affidavit referred above and pass appropriate order. All points are kept open. Petition is accordingly disposed of. The status-quo as of today shall be maintained by the parties till the disposal of the appeal. (ANOOP V. MOHTA, J.)