1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION (f)NO.610 /2010 IN FIRST APPEAL NO. 372 /2008(d) (State of Maharashtra and others vs. Bhimrao Deshmukh ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr N S Warulkar,Adv.h/for Mr S P Palshikar, Adv. For Respondent Mr D M Kale, AGP State CORAM : A.P. BHANGALE, J. DATED : June 7, 2010. 1. Heard. It appears that this Court had directed the Reference Court for fresh decision according to law. Thus, pursuant to the order in First Appeal No. 372/ 2008 passed on 16th April,2008, the learned Civil Judge S.D. Amravati was required to proceed to hear afresh the matter according to law, after giving opportunity of hearing to the acquiring body. Hearing was made time bound. However, the learned Civil Judge could not be able to decide the Reference on account of the fact that the Reference Court was awaiting the record in LAC No. 109/1997 which was, in fact, in the District Court Amravati. Unless record in the said case is transferred to the Reference Court, it would not have been possible for the Reference Court to comply with the judgment and order in F.A.No. 372/2008. 2. Learned AGP therefore, has no objection if necessary directions are issued to learned Civil Judge to 2 decide the reference at the earliest and consequent appropriate direction to the learned principal District Judge Amravati so that necessary record and proceedings is sent to the reference Court ( i.e. CJ SD Amravati) to enable the Court to comply with the directions issued in judgment and order in First Appeal No.372/2008 passed by this Court on 16th April,2008. Hence the learned principal District Judge, Amravati be informed to ensure that the record of LAC No. 109/1997 which is in the records of the District Court be made available to reference Court (i.e C.J. S.D. Amravati) to enable that Court to dispose of the case at its earliest and preferably within three months. The Reference Court is at liberty to request for extension of time if required. Application is disposed of accordingly. JUDGE sahare