KBP 1 wp7669-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.7669 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.P.G.Karande, for petitioner. Mr.G.S.Godbole i/b.M/s.L.J.Law, for first respondent. CORAM : A.S.OKA, J. DATE : 13 th December, 2010 P.C. Not on board. Taken on board. 2] Mr.Godbole, learned counsel for the first respondent in main petition, on instructions, states that the first respondent has no objection for setting aside the impugned order dated 30 th August, 2010 only on the ground that the Revision Application was not a proper remedy. He prays that by setting aside the impugned order, the first respondent may be permitted to withdraw the Revision Application with liberty to challenge the order of the trial Court by filing appropriate proceedings. He submitted that to enable the first respondent to avail of the appropriate remedy, hearing of the suit may be stayed for a reasonable time. 3] I have heard learned counsel for the petitioner in writ petition. KBP 2 wp7669-10.sxw 4] The request made by learned counsel for the first respondent deserves to be accepted. Hence, I pass the following order:- (i) The impugned order dated 30 th August, 2010 is quashed and set aside only on the ground that the Revision Application was not maintenable. (ii) The first respondent is permitted to withdraw Revision Application No.176 of 2010 with liberty to file appropriate proceedings for challenging the order of trial Court dated 16 th April, 2010. All contentions of the parties on merits of the said order are expressly kept open. (iii) To enable the first respondent in writ petition to adopt file appropriate proceedings, it is directed that the hearing of suit will not proceed for a period of six weeks from today. (iv) In view of this order, Civil Application No.3078 of 2010 does not survive. Writ Petition No.7669 of 2010 is disposed of in above terms [ A.S. OKA, J.]