1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.5453 OF 2009 Secretary Shri Swami Vivekanand Education Sanstha & Anr. ...Petitioners vs. Narayan Mahadeo Adhav/Jadhav & Anr. ...Respondents Mr.Dilip Bodake for the petitioners Mr.R.R.Mahagaokar for respondent nos.1 and 2 CORAM :A.S.OKA,J. DATE : OCTOBER 6, 2009 P.C. 1 Heard the learned counsel for the parties. When this court was inclined to issue rule and keep the petition pending, the learned counsel for the respondent suggested that instead of keeping the petition pending, the appeal be ordered to be re-heard as the petitioners were not heard while deciding the appeal. The said suggestion deserves to be accepted. 2 Hence, I pass the following order : i) Impugned Judgment and order dated 9th June 2009 is quashed and set aside and Misc. Civil Appeal No.147 of 2008 is restored to the file. ii)Parties are directed to appear before the Appellate court on 3rd November 2009 at 11.00 a.m. It is made clear that no notice of the date fixed in the appeal 2 shall be served by the Appellate Court. iii)The appeal shall be decided afresh in accordance with law and on or before end of the year 2009. iv)All contentions of the parties on merits of the appeal are kept open. v) Writ Petition is disposed of in above terms. JUDGE