1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.5138 OF 2008 Narayan Ramkrishna Kulkarni & Anr. ...Petitioners vs. Ramesh Narayan Kulkarni & Ors. ...Respondents Mr.V.M.Mali for the petitioners Mr.S.G.Deshmukh for the respondents CORAM :A.S.OKA,J. DATE : AUGUST 25, 2009 P.C. 1 Heard the learned counsel for the petitioner and the learned counsel for the respondents. Considering the fact that the writ petition arises out of interim order passed by the trial court, the same is taken up for final disposal at admission stage. 2 The petitioners are the plaintiffs and the respondents are the defendents. A suit for perpetual injunction was filed by the petitioners in which an application for temporary injunction was filed by the petitioner. The application was allowed by the trial court. The respondent preferred an appeal before the Disrict Court which has been allowed by the impugned order dated 2nd May 2008. 3 Considering the nature of the impugned order it is not necessary to go into the details of the pleadings and 2 the documents relied upon by the parties. The appeal has been disposed of by the learned District Judge by passing a very cryptic order. The reasons recorded run only into one page. I am constrained to observe that it is not easily possible to understand what the learned Judge intended to say in the impugned Judgment and order. The learned counsel for the respondents submitted that the Judgment and Order passed by the trial court is equally perverse and therefore, if matter is to be sent back, the same should be sent back to the trial court. 4 It is obvious that the Appellate Court has not performed its duty. The Appellate Court can go into all factual details. Therefore, it is not necessary to send back the matter to the trial court. By setting aside the impugned order, the Appellate Court will have to be directed to decide the Appeal afresh. Till the appeal is decided, ad-interim relief granted on 17th July 2008 will have to be continued. 5 Hence I pass the following order : i) Impugned Judgment and order dated 2nd May 2008 is quashed and set aside and the Misc. Civil Appeal No. 119 of 2007 is restored to the file. ii)The parties are directed to appear before the Principal District Judge,Sangli on 22nd September 3 2009 at 11.00 a.m. iii)The learned Principal District Judge may himself take up the appeal or may assign it to any other Judge as per administrative convenience. The Appeal shall be decided afresh as expeditiously as possible and preferably by the end of November 2009. iv)Till the disposal of the Appeal, ad-interim relief granted by this court on 17th July 2008 by directing the parties to maintain status quo as of that date with regard to the suit property will continue to operate. v) The appeal will be decided on its own merits without being influenced by the grant of ad-interim relief and continuation thereof by this court. vi)All contentions of the parties on merits are expressly kept open. vii)Writ petition is allowed in above terms. viii)The Registrar (Judicial-I) is directed to submit a true copy of the impugned order as well as this order to the Registrar General to enable him to take a note and to take further steps in the matter. JUDGE