1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. First Appeal No. 1016/2007 ( V.I.D.D. Wardha .vs. Smt. Nathabai Mahadeo Bondhade, and ors. ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= Mr. V.G. Palshikar, Advocate for the Appellant. Mr. S.P. Kshirsagar, Advocate for Respondents No. 1 and 3. Mr. A.M. Deshpande, AGP for Respondents no.3 and 4. .......... CORAM : K.J. ROHEE, & R.C. CHAVAN, JJ DATED : JANUARY 22, 2008 1. Heard the counsel for the parties. 2. It is not disputed that the present appellant namely Vidarbha Irrigation Development Corporation which is an acquiring body was not made party before the Reference Court. It was necessary to join the appellant as party before the Reference Court. In the absence of joining the appellant as party, the impugned award cannot be sustained. The same is, therefore, set aside and the matter is remanded back to Joint Civil Judge, Senior Division, Nagpur to decide the matter afresh by permitting the 2 respondents/original applicants to join VIDC as party. With this the first appeal is disposed of. JUDGE JUDGE halwai