1 77 fa.861.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 861 OF 2011 Ramprasad Thakur Pardeshi. ... Appellant Versus Smt. Geeta Sharadprasad Pardeshi and others. ... Respondents ----- Mr. I.M.Khairdi for the Appellant. Mr. Ajay Mishra for Respondent Nos.1 to 6. Mr. Harish R. Pawar for Respondent No.7. ----- CORAM : A.S.OKA, J. DATE : 08 th August, 2011. P.C. 1 Heard the learned counsel appearing for the Appellant and the learned counsel appearing for Respondent Nos.1 to 6 as well as the learned counsel appearing for Respondent No.7. 2 Clause (1) of the order dated 9 th June, 2011 passed by this Court reads thus: “. Heard learned counsel appearing for the Appellant. He states that the prayer clauses (c) and (d) of the Plaint were not pressed before the Trial Court. On instructions, he states that as far as the prayer clauses (a) and (b) are concerned, the suit ought to have been filed in the Court 2 77 fa.861.11 of Small Causes. On instructions, he states that by setting aside the impugned order, the order of return of the Plaint for presentation to the appropriate Court may be passed. 3 I have heard the learned counsel appearing for the parties. The learned counsel appearing for Respondent Nos.1 to 6 has no objection for adopting the course as suggested in the aforesaid order: 4 Hence, I pass the following order: i. The impugned judgment and decree dated 15 th February, 2011 is quashed and set aside ; ii. The S.C. Suit No.5353 of 2002 is restored to the file of the trial Court. As prayer clauses (c) and (d) are not pressed, only prayer clauses (a) and (b) of the plaint survive ; iii. The plaint shall be returned by the trial Court to the Appellant for presentation to the appropriate Court ; iv. The appeal is partly allowed on above terms with no order as to costs ; 3 77 fa.861.11 v. The parties are directed to appear before the trial Court on 22 nd August, 2011 at 11:00 a.m. so that the plaint can be returned to the Appellant ; vi. The trial Court to act upon the authenticated copy of this order ; and vii. The Civil Application No.1657 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]