wp1581.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ WRIT PETITION NO.1581 OF 2011. Mr.P.R. Katneshwarkar, Adv. for petitioner. Mr.K.C. Sant, Adv. for respondent No.1. Mr.N.R. Shaikh, AGP for State. ... CORAM: S.S. SHINDE, J. DATE: 8th November, 2011. Heard learned Counsel for respective parties. 2 Rule, returnable forthwith. By consent of the parties, taken up for hearing. 3 Upon perusal of the findings recorded by the Additional Commissioner, Nashik Division, Nashik, it is crystal clear that the finding in respect of cancellation of sale deed by the High Court, is contrary to the judgment in Second Appeal No.622 of 2008. Therefore, the judgment and order passed by the Additional Commissioner, Nashik cannot be sustained. However, I find some wp1581.11 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ substance in the argument of the learned Counsel for the respondent No.1 that in spite of number of opportunities given to the petitioner herein, the petitioner failed to adduce evidence before the Additional Commissioner. However, the fact remains that the afore stated finding recorded by the Additional Commissioner is contrary to the judgment in Second Appeal No.622 of 2008. 4 In that view of the matter, the impugned judgment and order passed by the Additional Commissioner, Nashik Division, Nashik is quashed and set aside. The RTS Appeal No.379 of 2002 is restored to its original file. The Additional Commissioner, Nashik to hear the appeal afresh by giving proper opportunity to the parties and after considering the judgment in Second Appeal No.622 of 2008, shall pass appropriate orders, within four months from today. The writ petition is allowed to the wp1581.11 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ above extent. It is needless to clarify that the interim order granted in this writ petition shall continue to operate till disposal of the appeal. Rule made absolute in the above terms. (S.S. SHINDE, J.) PLK/*