FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION No. 13808 OF 2010 IN SECOND APPEAL No. 232 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. R.J. Nirmal, Advocate for applicants Mr. V.D. Salunke, Advocate for respondent Nos. 1-A to 1-J ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 20th October, 2010 PER COURT : 1. This is an application moved by the respondents in the appeal / Original plaintiffs, to allow them to harvest Soybean crop which is standing in the suit land. 2. In the Second Appeal the notices have been issued to the respondents. Original Plaintiff is represented by Advocate Shri Nirmal. The appellant is the original defendant No. 1 who has filed the Second Appeal along with the application for stay of the impugned Judgment and Decree bearing Civil Application No. 11446 of 2010. This Court vide its order dated 27th September, 2010 had directed the parties to maintain status-quo. Shri Nirmal, learned Counsel for the respondent submits that inspite of his efforts he could not communicate this order to the respondent to whom he is representing, and he further submits that Judgment and Decree was executed. 3. Taking into account the fact that interim orders was issued on 27th September, 2010 in the morning itself, and the said order of status-quo is continued vide order dated 27th September, 2010 till the next date. Today it is observed that the notices of respondent Nos. 2 to 8 and the record and proceedings are awaited. 4. It is submitted by the applicant that the Soybean crop in the suit land is required to be harvested urgently, otherwise the said crop would be damaged. Taking into account the nature of the crop, it would be in fitness of things to appoint a Commissioner in whose presence said crop shall be harvested. The said Commissioner would take steps to harvest the crop by giving notice to both the parties. The said Commissioner is also allowed to sale the said crop harvested, after giving notice to the plaintiff and defendant No. 1 i.e. the present appellant and the respondent No. 1 in the appeal. The amount realized from the sale of crop harvested would be deposited in the Court. The original Plaintiff and the defendant No. 1 shall deposit Rs. 1,000/- (Rs. One thousand only) each for expenses that would be required. The Commissioner fees at present is quantified at Rs. 1500/- (Rs. One thousand five hundred only). Both the parties i.e. Ori. Plaintiff and the defendant No. 1 shall contribute equally for the said amount also. Further orders regarding disbursement of the amount realized after the sale of said crop will be passed at the time of hearing of Second Appeal. 5. Shri L.B. Shaikh, Advocate, Hingoli is appointed as a Court Commissioner by consent of both the parties. Necessary writ be issued. Parties to act on authenticated copy of this order. [ S.V. GANGAPURWALA ] JUDGE SDM* 13808.10CA