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Shripat Mahadu Patil & Ors. Vs. Chief Land & Surveyor, CIDCO Ltd. and Ors.


Leave granted.

We have heard the learned counsel for the parties. The suit (i.e. R.C.S. No.138/2008) is pending before the Trial Court. In the facts and circumstances of this case, we direct that the following Villagers be impleaded as defendants after the existing defendants in R.C.S. No.138 of 2008:

1. Kaluram Mahadu Thakur

2. Ashok Pundalik Patil

3. Anil Laxman Patil

4. Ram Chander Karavkar

5. Gunda Kuthiya Bhoir

6. Barku Dinkar Patil

The above newly impleaded defendants would be entitled to file written statements within eight weeks. Replications, if any, are filed within four weeks thereafter. In view of the order passed above, the order dated 28.8.2008 passed by the learned Civil Judge, Junior Division, Panvel in R.C.S. No.138 of 2008 and the order dated 24.10.2008 passed by the High Court of Bombay in Writ Petition No.7339 of 2008, are set aside. We request the learned Civil Judge, Junior Division, Panvel to decide the said suit as expeditiously as possible.

With the above observation and direction, this appeal is disposed of.

.....................J (DALVEER BHANDARI)

.....................J (DEEPAK VERMA)

New Delhi;

August 23, 2011.

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