(1.) Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the Parties.
(2.) This Petition challenges the order dated 21.7.2011 passed by the trial Court rejecting the Application for reference of the matter to the Settlement Officer or the Superintendent of Land Records which is the competent authority under the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act to decide the question of reference.
(3.) In an Appeal from Order No.1029 of 2005 decided by this Court on 6.6.2006 the trial Court was directed to frame issue no.4 as under :