1 CA 129 OF 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.129 OF 2010 IN LETTERS PATENT APPEAL NO.107 OF 2010 IN WRIT PETITION NO.7455 OF 2008 Shri Rajaram Shivrudra Koshti and another. ... Applicants Versus Shri Mahadev Dhulappa Khawasheand another. ... Respondents Mr. N.J. Patil the applicant. Ms. Aparna D. Vhatkar, Assistant Government Pleader for State­ respondent No.2. Ms. A.R.S. Baxi for respondent No.1. CORAM : MOHIT S. SHAH, C.J. & S.C. DHARMADHIKARI, J. DATED : 14TH JULY, 2010 P.C. The appeal is already admitted. The learned counsel for the appellants prays for interim stay of the order of the learned Single Judge and also the remand order dated 5th September, 2008 passed by the Additional Commissioner, Pune Division, Pune. 2. In the facts and circumstances of the case, we are not inclined to grant interim stay as prayed for with a clarification that pursuant to the order of remand passed by the Additional Commissioner, the Collector shall decide the matter after hearing the learned advocates for the parties in 2 CA 129 OF 2010 accordance with law without being influenced by any observations made by the learned Additional Commissioner or by the learned Single Judge in the impugned judgment dated 2nd April, 2009. 3. The decision of the Collector shall be placed on the record of these proceedings for considering whether further order should be passed. 4. We hope that the Collector will make an endeavour to bring out reconciliation between the parties before taking any final decision in the matter. 5. Subject to the above interim stay, application stands disposed of with liberty to file fresh application after the order of the Collector. CHIEF JUSTICE S.C. DHARMADHIKARI, J.