1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7114 OF 2009 Mr. Mahendra J. Yeole & Ors. .. Petitioners Vs Forum for Cultural Studies & Ors. .. Respondents -- Shri Dilip Bodake for the Petitioners. Shri Sugandh B. Deshmukh for the Respondents. -- CORAM : A.S.OKA, J. DATE : 11TH FEBRUARY, 2010 P.C: . Minutes of the order signed by the Advocate for the Petitioners, Advocate for the Respondents and the President of the Respondent/Trust are taken on record and marked “X” for identification. It is stated that the President of the Respondent/Trust is personally present in the Court. The learned counsel appearing for the parties state that Clauses 1 and 2 of the Minutes of the order are agreed between the parties and as regards Clause 3 thereof, the Court may pass appropriate order. 2. Hence, the Writ Petition is disposed of by passing following order. (a) The Minutes of the Order marked “X” are taken on record. 2 (b) In view of the consent of the parties, the impugned order is quashed and set aside and the Misc. Application No.970 of 2008 in Special Darkhast Application No.127 of 2008 is allowed in terms of prayer clauses (A) and (B). (c) In view of the consent of the parties, the ex parte decree dated 11th February, 2008 passed in Special Civil Suit No.211 of 2007 is quashed and set aside and the suit is restored to the file of the learned Civil Judge, Senior Division at Pune. (d) The Respondents are permitted to withdraw the amount of Rs.1,15,00,000/- deposited by them with the trial Court on the basis of the decree dated 11th February, 2008. (e) The parties are directed to appear before the learned Civil Judge, Senior Division, Pune, on 22nd March, 2010 at 11.00 a.m. (f) The Petitioners shall file their Written Statement on or before 26th April, 2010. No further time shall be 3 granted by the trial Court to the Petitioners. (g) In addition to the evidence which is already adduced by the Respondents/ Plaintiffs, it will be open for them to adduce further evidence. It will be open for the Petitioners to cross-examine the witnesses who have already been examined and to lead their own evidence. (h) The trial Court shall endeavour to conclude the trial as expeditiously as possible and preferably on or before 31st August, 2010. (i) The Writ Petition is disposed of in above terms. (j) The Record and Proceedings be sent to the Trial Court with a special messenger. The writ to be sent immediately. (A.S.OKA, J) ash