1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 699 OF 1999 WITH CIVIL APPLICATION NO.9068 OF 2000 WITH CIVIL APPLICATION NO.3224 OF 2006 WITH CIVIL APPLICATION NO.3936 OF 2008 WITH FIRST APPEAL NO. 1456 OF 2002 WITH CIVIL APPLICATION NO.2205 OF 2007 WITH CROSS OBJECTION (ST) NO.10022 OF 2007 WITH FIRST APPEAL NO. 700 OF 1999 WITH CIVIL APPLICATION NO.3225 OF 2006 WITH FIRST APPEAL NO. 1457 OF 2002 WITH CIVIL APPLICATION NO.2206 OF 2007 WITH CROSS OBJECTION (ST) NO.10028 OF 2007 WITH FIRST APPEAL NO. 701 OF 1999 WITH CIVIL APPLICATION NO.3226 OF 2006 2 WITH FIRST APPEAL NO. 1454 OF 2002 WITH CIVIL APPLICATION NO.2204 OF 2007 WITH CROSS OBJECTION (ST) NO.10021 OF 2007 WITH FIRST APPEAL NO. 702 OF 1999 WITH CIVIL APPLICATION NO.3227 OF 2006 WITH FIRST APPEAL NO. 1453 OF 2002 WITH CIVIL APPLICATION NO.2203 OF 2007 WITH CROSS OBJECTION (ST) NO.10026 OF 2007 WITH WRIT PETITION NO.6479 OF 1999 Office Notes, Office Memorandum of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mrs. G.P. Mulekar, AGP, for Applicant, in F.A. Nos. 699/1999, 1456/2002, 700/1999 & 1457/2002. Mr. S.V. Sonawane, AGP, for Applicant, in F.A.Nos. 707/1999, 1454/2002, 702/1999 & 1453/2002. Mr. V.A. Gangal, Senior Advocate, with Ashok Gade, Sameer Joshi & Vinod Pandey, for Nashik Municipal Corporation, for Respondent No.2, in all First Appeals. 3 Mr. P. J. Ahuja, for Respondent Nos. 1 to 7, in all First Appeals. .... CORAM : S.A. BOBDE & S.J.KATHAWALLA, JJ. DATE : 17TH DECEMBER 2009. P.C. After hearing the parties for some time, the following order is passed by consent :- (i) The judgment/order of Joint District Judge, Nashik (hereinafter referred to as “the Reference Court”), dated 4th March 1999 in Land Reference Nos. 1 of 1991, 2 of 1991, 3 of 1991 and 121 of 1991, is hereby set aside. (ii) The references are remanded back to the Joint District Judge, Nashik. (iii) The Reference Court shall allow the Nashik Municipal Corporation be joined as party to the reference proceedings. Thereafter, all the parties included of added parties to lead fresh evidence and cross- examine witnesses who have been examined in the proceedings. In case, witnesses who are examined earlier are not available, 4 parties shall be at liberty to take out fresh summons for examination of witnesses. (iv) The claimant shall be entitled to submit their pleadings and raise a question of TDR which shall be decided on merits and in accordance with law by the Reference Court. (v) All issues between the parties including the newly added parties, are kept open. (vi) Record be transmitted to the Reference Court immediately. The Reference Court is directed to complete the proceedings as expeditiously as possible and in any case, not later than four weeks from the date the parties appear before it. Parties are directed to appear before the Reference Court on 11th January 2010. 2. All appeals are disposed of. Civil applications in respective appeals does not survive and disposed of accordingly. 5 3. In view of the order in appeals, writ petition is allowed to be withdrawn. [S.A. BOBDE, J.] [ S.J.KATHAWALLA, J. ]