1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. First Appeal No.355 OF 2011 (V.I.D.C., Nagpur .vs. Smt. Saraswatabai wd/o. Balkrishna Tambulkar and Ors.) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ. DATED : AUGUST 25, 2011. Heard Mr.V.G.Palshikar, Adv. for the appellant, Mr.K.V.Deshmukh, Adv. for respondent nos., 1, 2, 3A, 4 and 5 and Mr.D.M.Kale, A.G.P. for respondent nos. 6 and 7. Nobody appears on behalf of respondent no.8, though served on merits. This Court has already admitted the appeal on 22.6.2011 and it is listed before us for final hearing as per those orders. On 5th April, 2011, while passing orders on Civil Application No.1587 of 2010, this Court has already permitted withdrawal of an amount of Rs.14,08,553/- representing 50% of the decretal amount subject to present respondent's depositing security to the satisfaction of Registrar of this 2 Court. Accordingly, that security has been furnished. Challenge in this appeal is to the Judgment and Award passed by District Judge-8, Nagpur in L.A.C.No.242 of 2002 on 23.6.2008 enhancing compensation. There is no dispute that the present appellant/acquiring body is not a party before the said Court. In the identical matters i.e. First Appeal No.1262 of 2006 decided on 29th July, 2009 and then First Appeal No.877 of 2009 decided on 30th July, 2009, this Court has allowed those appeals with certain directions. Hence, for the reasons recorded therein, we allow the present appeal and proceed to pass the following order. ORDER 1. Remaining amount of 50 % to be deposited within a period of eight weeks from today with trial Court. 2. In the meanwhile, respondent nos. 1 to 5 to join the appellant/V.I.D.C. as party/defendant before the trial Court. 3. The appellant/defendant to file Written Statement within a further period of six weeks after the amount is deposited. 3 4. After the Written Statement is filed, the Reference Court to attempt to decide the reference on merits at the earliest and in any case, within a further period of six months. 5. The reference Court shall extend to parties before it necessary opportunity to adduce additional evidence and to cross- examine in accordance with law. 6. The security furnished by respondents before this Court while withdrawing 50 % of the amount as per the order dt.22.6.2011 to continue and remain valid till further orders in this respect by the Reference Court while delivering the judgment in the reference proceedings. 7. The appeal is, thus partly allowed. No order as to costs. JUDGE JUDGE jais