wp3489.11 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.3489 OF 2011 GOVINDRAO GUNDERAO PATIL (SURYAWANSHI) VERSUS MADHAV BHIMRAO PATIL (SURYAWANSHI) ... Advocate for Petitioners : Mr.Patil B.N. Advocate for Respondent : Mr.Gaikwad Hiraji T. ... CORAM : S.S. SHINDE, J. Dated: November 25, 2011 ... Heard learned Counsel for the parties. 2 From perusal of the impugned order at page 23, I find that no reasons are assigned by the learned Judge while rejecting the application filed for measurement of the land. The learned Counsel for the petitioner invited my attention to the Exh.A page 10 of the compilation and submitted that before wp3489.11 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 | _____________________________________________________________ filing the suit, the application was filed with the office of the T.I.L.R. for measurement of the suit land, which is subject matter of the suit. However, the said application has been turned down on the ground that there is no consent by the respondent and also for other reasons. The learned Judge should have given specific reasons when it was brought to the notice of the concerned Court that such application has been turned by the T.I.L.R. From the impugned order, I do not find any reasons given by the learned Judge for rejecting the application. 3 In that view of the matter, the impugned order is set aside. The application below Exh.22 before the wp3489.11 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 | _____________________________________________________________ concerned Court is restored to its original file. The concerned Court to hear and decide the application first and after giving opportunity to the parties, shall proceed to with the suit. Such an exercise to be done within one month from receipt of the order of this Court. Writ Petition is allowed to the above extent and stands disposed of. (S.S. SHINDE, J.) PLK/*