1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5922 OF 2007 IN FIRST APPEAL NO. 228 OF 2000. Divisional Controller, Maharashtra State Road Transport Corporation, Nashik. ..Appellant. v/s. Shri Pujya Pad Advai Panch Parmeshwar Panchaiti Akhara Bara Udasin Nirwan, also known as Panchaiti Akhara Bara Udasin & Ors. ..Respondents. .... Mrs. Geeta Mulekar, for Appellant. Mr. V.Z. Kankaria, for Respondent Nos. 1 to 4. Mr. G.S. Hegad, for Respondent No.5. .... CORAM : S.A. BOBDE & S.J.KATHAWALLA, JJ. DATE : 17TH DECEMBER 2009. P.C. Heard. After hearing parties, the following order is passed by consent :- (i) The judgment in Land Reference dated 31st March 1999 passed by the Joint District Judge, Nashik, is hereby set aside. (ii) The matter is remanded back to the Joint District 2 Judge at Nashik. (iii) The learned Joint District Judge, Nashik shall permit the Maharashtra State Road Transport Corporation as the acquiring body to be joined as a party to the reference. The learned Joint District Judge is requested to allow including the newly added parties to lead fresh evidence. The newly added parties shall be entitled to cross-examine the witnesses who have been examined earlier. In case, witnesses who are examined earlier are not available, parties shall be at liberty to take out fresh summons for examination of witnesses. (iv) All issues between the parties including the newly added parties, are kept open. (v) The learned Joint District Judge shall proceed with the reference within a period of three months from the date the parties appear before him. Parties are directed to appear before the learned Joint District Judge on 11th January 2010. 2. Civil application is disposed of. [S.A. BOBDE, J.] [ S.J.KATHAWALLA, J. ]