FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.1011 OF 2008 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr.P.K.Dhakephalkar, senior counsel, for the petitioners. Mr N.Jaynarayan, for respondent nos 1 and 2. CORAM: D.B.Bhosale,J. DATED: 25.02.2008 P.C.: Heard learned counsel for the parties. Rule. Mr.Jaynarayan,learned counsel, waives service for respondent nos.1 and 2. By consent, rule is made returnable forthwith and heard finally. The petitioners have impugned an order dated 28.11.2007 passed by the Addl.Chief Judge of Small Causes Court at Bombay, on the application at Exhibit 13 in Appeal No.185 of 2005, by which the prayer made by the petitioners for restoration of the appeal, which came to be dismissed vide order dated 7.6.2007 passed against respondent nos 3 to 7, has been rejected. Learned counsel for the parties have fairly stated that I need not record reasons for disposing of this writ petition and they have agreed for the following order. (i) The order impugned in the writ petition dated 28.11.2007 is set aside and the application at Exhibit-13 filed by the petitioners is allowed in terms of prayer clauses (a) and (b). The petitioners to take steps to serve all the respondents in Appeal No.185 of 2005 pending before the Court of Small causes at Bombay within eight weeks from today. The Small Causes Court shall decide the said appeal as expeditiously as possible and preferably within a period of four months from the date of service on all the respondents in the appeal on merits in accordance with law. All contentions of the parties are kept open. The writ petition is disposed of. (D.B.Bhosale, J.)