( 1 ) sa594.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 594 OF 2010 WITH CIVIL APPLICATION NO. 12674 OF 2010 Sau. Manubai w/o. Govinda Koli & Anr. .. Appellants Versus Vithal Daulat Sadarao (Koli)(died-LRs.) & Ors... Respondents Mr. C.R. Deshpande, Advocate for the appellants. Mr. K.C. Sant, Advocate for respondent Nos. 1 to 4. Mr. V.G. Shelke, A.G.P. for respondent Nos. 5 & 6. CORAM : A.V. NIRGUDE, J. DATED : 15.06.2011 P.C. :- 1. By consent, following orders are passed in this appeal. i. The judgments and decrees passed by both the Lower Courts below are set aside. ii. The case is remanded back to the Trial Court. iii. The parties are given liberty to lead more evidence to identify the land which was affected by irrigation project. ( 2 ) sa594.10 iv. If the parties do not lead proper and convincing evidence, the learned Judge of the Trial Court is directed to appoint the Court Commissioner, preferably an Agricultural Survey Officer of the locality for identifying the land which is affected by the irrigation project (Kolhapur Bandhara). v. The amount of compensation shall be invested in fixed deposit of a nationalized bank for a period of six months and the period shall be extended till the disposal of the suit. 2. The Second Appeal stands disposed of accordingly. 3. In view of disposal of the Second Appeal, Civil Application No. 12674 of 2010 does not survive and stands disposed of. [A.V. NIRGUDE, J.] snk/2011/JUN11/sa594.10