ash 1 12ao-141.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO. 141 OF 2011 Shri Pravin Sudam Mhatre & Ors. .. Appellants Vs Shri Chandrashekar Manohar Mhaskar & Ors. .. Respondents -- Ms Leena Patil for the Appellants. Shri R.B. Paranjape for Respondent Nos.1 and 2. Shri Sanjay Patil for Respondent Nos.3 to 5. Shri J.D. Khairnar for Respondent No.6. -- CORAM ; A.S. OKA, J DATED : 30TH MARCH, 2011 P.C. . Heard learned counsel appearing for the Appellants, the learned counsel appearing for Respondent Nos.1 and 2, learned counsel appearing for Respondent Nos.3 to 5 and learned counsel appearing for Respondent No.6. 2. Prima facie, it appears to this Court that the impugned order is far from being satisfactory. The learned counsel appearing for the parties agree that instead of keeping the appeal pending, the learned Trial Judge be directed to decide the application at Exhibit-5 afresh and ad-interim order of status quo be continued. 3. Suggestion of the learned counsel appearing for the parties is reasonable inasmuch as the impugned order is not at all satisfactory. ash 2 12ao-141.11 4. Hence, I pass the following order. ORDER : (a) The impugned judgment and order dated 23rd December, 2010 is quashed and set aside and the application at Exhibit – 5 is restored to the file of the Trial Court. (b) The Trial Court shall decide the application afresh as expeditiously as possible and preferably before the end of June, 2011. (c) Ad-interim order of status quo which was operating during the pendency of the Application at Exhibit – 5 will continue to operate till the Application is decided afresh. (d) The Application shall be decided on its own merits without being influenced by the impugned order as well as the order of this Court setting aside the impugned order. (e) The Appeal is partly allowed on above terms. (f) Civil Application No.205 of 2011 does not survive and the same is disposed of. ( A.S. OKA, J )