1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11364 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 11364 OF 2010 *** 1. Heard Advocate Shri Vinod Patil for Petitioner, Advocate Shri Vijay Sharma for Respondent Nos.1 and 2 and learned A.G.P. for Respondent No.3. 2. Shri Patil states that Application at Exhibit-5 is still to be decided and only to collect evidence the appointment of Commissioner, sought for by Respondent Nos.1 and 2, has been granted. 3. Advocate Shri Sharma as also learned A.G.P. support the order impugned. According to Shri Sharma there is a metal road already constructed and is being used by public. He has further stated that that road is in existence since last 40 years and hence if the report of Commissioner comes on record it will help the trial Court in reaching right conclusion. 4. I find that application Exhibit-5 is 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11364 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. still pending and that application is to be decided on the basis of material available on record and affidavits of parties. The said application, therefore, needs to be decided first. 5. The trial Court shall, therefore, first decide the application Exhibit-5 at the earliest and in any case by 15th March, 2011. The order passed below Exhibit-31 on 30th September, 2010 shall be given effect to thereafter. 6. With this modification, present writ petition is disposed of. No costs. [B.P.DHARMADHIKARI, J.] Dated:09/02/2011. ans/11364