( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5389 OF 2010 Rajabhau s/o Shivayya Swami PETITIONER VERSUS Ganpat s/o Baburao Palane & others RESPONDENTS .... Mr. I.G. Durrani, advocate holding for Mr. S.K. Barlota, advocate for the petitioner. Mrs. M.A. Kulkarni, advocate for the respondent No. 1. Mr. N.H. Borade, AGP for the respondent No. 4. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 10th August, 2010] PER COURT : 1. Heard learned counsel. 2. By consent of the learned counsel for the parties, the petition is being disposed of on following terms. (i) The impugned order is set aside. (ii) The interim relief granted by this Court to be continued for four (4) months. (iii) The learned Divisional Commissioner, Aurangabad to decide the appellate proceedings within period of four (4) ( 2 ) months on merits thereof without being prejudiced due to filing of the present petition by the petitioner or the observations of the learned Additional Collector. (iv) The parties to appear before the learned Divisional Commissioner, Aurangabad or Incharge Additional Commissioner, Aurangabad, as the case may be, on 23rd August, 2010. (v) The parties shall not create third party interest during the pendency of the appellate proceedings before the learned Divisional Commissioner. 3. The petition is accordingly disposed of. 4. The parties may act on copy of this order, duly authenticated by the Court Shirestedar. [V.R. KINGAONKAR] JUDGE NPJ/wp5389.10 ( 3 )