1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 679 OF 2009 (VIDC vs. Mahadeo Ramaji Solanke & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ. 09.09.2009. Heard finally Shri Patil, learned counsel for appellant, Shri Shinde, learned counsel for respondents No.1 to 4 and Shri Thakre, learned AGP for respondent No.5. The appellant before us is the acquiring body, which was not party to Land Acquisition Case No. 33 of 1997 before the Civil Judge, Senior Division, Pusad. It is pointed out to us that in similar circumstances, writ petitions have been allowed by this Court by making such proceedings under Section 18 of Land Acquisition Act, time bound and by permitting the land owners to withdraw 50% of the amount deposited by the acquiring body. In view of the statement made, we permit the present respondents No. 1 to 4 to withdraw 50% of the amount deposited by the appellant with the Registry of this Court on furnishing security to the satisfaction of the Registrar (Judicial) of this Court. The balance amount 2 be invested in any Nationalized Bank initially for a period of one year. The judgment dated 3rd January 2004 in LAC No. 33 of 1997 is hereby quashed and set aside. LAC No. 33 of 1997 is restored back to the file of Civil Judge, Senior Division, Pusad. The present appellant is added as defendant No.4 in those proceedings. The added defendant No.4 to file its written statement by 13.11.2009. The trial Court thereafter to decide the reference as early as possible and in any case by 31st October 2010. The parties to appear before the said Court on 12th October 2009 and abide by its further directions in the matter. The balance amount with the registry of this Court shall be disbursed as per the decision in LAC No. 33 of 1997. First Appeal is accordingly allowed. No order as to costs. JUDGE JUDGE *GS.