1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 237 OF 2009 with CIVIL APPLICATION NO. 288 OF 2009 Mohammed Ajij Shujauddin Pirjade & Ors. ...Appellants Versus Kutubuddin Gulam Husein Kokani & Ors. ...Respondents Mr. S. K. Shinde i/b. Mr. Sagar Kasar, Advocate for the Appellants. Mr. R. D. Soni i/b. M/s Ram & Co. for Respondent Nos. 1 to 4. CORAM : R. V. MORE, J. DATE : 26th JUNE, 2009. P.C. : Both Mr. Shinde and Mr. Soni, learned Counsel appearing for the Appellants and Respondents respectively, agrees for remand of the matter back to the Trial Court by setting aside the impugned order. They further agree that reasons need not be given for setting aside the impugned order. In view of this statement of the respective learned Counsel, I dispose of the Appeal from Order by passing the following order :- 1. The impugned order dated 28th November, 2008 passed by the learned Jt. Civil Judge, Senior Division, Nashik below Application at Exhibit 5 in Special Civil Suit No.539 of 2008 is quashed and set aside and the matter is remanded back to the Trial Court for fresh hearing of Exhibit 5. 2 2. Trial Court shall decide the Application at Exhibit 5, independently on its own merits and as expeditiously as possible and preferably within a period of three months from the date of the receipt of this order. It is made clear that all the questions are expressly kept open. The parties are at liberty to file additional pleadings, if necessary. The Appeal from Order is disposed of, in above terms. 2. In view of the disposal of the Appeal from Order, the Civil Application No. 288 of 2009, will not survive and therefore, the same is disposed of. Sd/- (R. V. MORE, J.)