ORDER :

Avinash G. Gharote, J.

The present reference arises out of the referral order dated 16102020, by which the question raised in Writ Petition No. 5099 of 2018 has been referred to the Division Bench for an authoritative answer. In Writ Petition No. 5099 of 2018, the learned Single Judge (Shri R. B. Deo, J.) finding himself unable to accept the view as taken in V.I.D.C., through Executive Engineer, Wardha vs. Kawadu Narayan Tandulakar and others, 2017(6) Mh.L.J. 780, (Shri S. B. Shukre, J.) has framed the following question :

“Where the appeal is admitted and the notice made returnable is waived by the respondent, the appeal being ready for final hearing on private paper-book being filed, the limitation for cross-objection is triggered the moment the respondent receives notice of hearing under Rule 12 of Order XLI, wherein in accordance with Rule 14 or in Form – 6 or by virtue of his presence when the appeal was admitted and fixed for final hearing irrespective of the appeal being ready or otherwise for final hearing, OR the limitation is triggered only when the appeal is ready for final hearing that is the private paper-book is prepared after receipt of the record of the lower C