(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 7511 OF 2010 1. Govind s/o. Vitthal Mundhe, Age : 45 years, Occupation : Agriculture, R/o. Chaundi, Taluka : Dharur, District : Beed. 2. Pandit s/o. Abarao Gayake, Age : 46 years, Occupation : Agriculture, .. Petitioners R/o. Dharur, Taluka : Dharur, (Original defendant District : Beed. nos.5 & 6) versus 1. Pralhad s/o. Kishan Fad, Age : 44 years, Occupation : Agriculture, R/o. Chaundi, Taluka : Dharur, District : Beed. 2. The State of Maharashtra, Through Collector, Beed. 3. The Special Land Acquisition Officer No.1, Ambajogai, District : Beed. 4. The Executive Engineer, Minor Irrigation Department, Ambajogai, Dist. Beed. (2) 5. The Tahsildar, .. Respondents Dharur, District : Beed. (No.1 - Original plaintiff, Nos.2 to 5 - Original defendant nos.1 to 4) ....................... Mr. A.M. Gaikwad, Advocate, for the petitioners. Respondent no.1 served (Absent). Mr. S.K. Tambe, Assistant Government Pleader, for respondent nos.2 to 5. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 2ND MAY 2011 ORAL JUDGMENT : 1. Heard Adv. Mr. A.M. Gaikwad, for the petitioners, and learned AGP Mr. S.K. Tambe, for respondent nos.2 to 5. None for respondent no.1 though duly served. 2. Rule. Rule made returnable forthwith. Heard finally. 3. The impugned order dated 21-6-2010, passed by the (3) learned Civil Judge (Senior Division), Majalgaon, shows a finding that the issues, as sought for by the petitioners / defendants, being mixed questions of law and fact, will be decided later on. 4. The petitioners / defendants had pointed out need to frame those issues and had not requested for adjudication upon it. 5. In the result, the petition is partly allowed. The impugned order dated 21-6-2010, passed by the learned Civil Judge (Senior Division), Majalgaon, below Exhibit 78 in Regular Civil Suit No. 131/2006, is modified. Issues as sought for in paragraph 5 of that application are framed in addition to issues at Exhibit 58/B. The trial court shall proceed further in accordance with law. 6. No order as to costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/7511wp