: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1215 OF 2008 WITH CIVIL APPLICATION NO.1482 OF 2008 Mahindra Hinoday Industries Ltd. ..Appellants. Vs. State of Maharashtra & Ors. ..Respondents. Mr.S.U.Kamdar, Senior Counsel i/b.Mr.Ashwin Ankhad & Associates for the Appellants. Mr.A.R.Patil A.G.P. for the Respondents. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 17TH DECEMBER, 2008 DATED : 17TH DECEMBER, 2008 DATED : 17TH DECEMBER, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. The learned Judge has from pages 1 to 13 set out the rival contentions of the parties in great detail. The finding is only in paragraph 7. I am afraid that the learned Judge has furnished absolutely no reasons in respect of the impugned order. 3. Further, the learned Judge has held that the Court has no jurisdiction in view of Section 48(7) of the Maharashtra Land Revenue Code. Section 48(7) itself does not contain any bar. It was contended : 2 : however that the learned Judge may have referred to Section 11 of the Bombay Revenue Jurisdiction, 1876. I find however that this point was neither taken in the trial Court nor considered by the learned Judge. 4. In the circumstances, the impugned order is set aside. The Respondents shall file an application afresh before the trial Court. Liberty to the parties to file additional affidavits. 5. Till the disposal of the Exhibit "5" application, the Respondents shall not take any further steps for recovery. The Appellants shall not make any application for adjournment. 6. The parties shall appear before the trial Judge in the first instance, on 21.1.2009 at 11.00 am. and thereafter as directed by the learned Judge. 7. The learned Judge is requested to dispose of the application expeditiously. 8. Appeal from Order and the Civil Application are disposed of. : 3 : ***