IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 2295 OF 1993 WRIT PETITION NO. 2295 OF 1993 WRIT PETITION NO. 2295 OF 1993 The Municipal Corporation of the City of Pune. ... Petitioner. V/s. M/s.Estate Shreyas, a firm and others. ... Respondents. R.G.Ketkar with R.S.Khadapkar for the petitioner. A.V.Anturkar with Prathamesh Bargude for the respondent. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 15th January 2009. DATED: 15th January 2009. DATED: 15th January 2009. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the petitioner and learned counsel for the respondents. Perused petition. 2. This petition is directed against the judgment and order dated 22nd October, 1991 passed in Civil Appeal No.86/1988 by the 11th Additional District Judge, Pune whereby the appeal filed by the Municipal Corporation came to be dismissed and the order dated 14th October, 1987 passed by the Principal Judge, Small Causes Court, Pune in Municipal Appeal No.131/1985, whereby ratable value of the subject premises fixed by the Pune Municipal Corporation was set aside, came to be confirmed. 3. Having heard the parties at length, both parties during the course of hearing agreed that the matter has been decided by the Principal Judge, Small Causes Court on the basis of sketchy evidence as such impugned order be set aside dispensing with the reasons by consent of parties and the matter be remitted back to the Principal Judge, Small Causes Court with direction to him to decide the matter afresh after allowing the parties to lead additional evidence. 4. In the above view of the matter, the impugned order passed by the Additional District Judge, Pune dated 22nd October, 1991 and the order dated 14th October, 1987 passed by the Principal Judge, Small Causes Court, Pune are set aside and the Municipal Appeal No.131/1985 is restored to the file of the Principal Judge, Small Causes Court, Pune with direction to permit the parties to lead additional evidence and decide the same afresh in accordance with law. 5. The Court below shall not get influenced by any of the findings recorded in the aforesaid impugned orders. The Small Causes Court to decide the remanded proceeding as expeditiously as possible, at any rate, within four months from the date of receipt of this - 3 - order. No recovery be effected for the period involved in the appeal so long as the matter is not decided by the Principal Judge, Small Causes Court at Pune. All rival contentions are kept open. 5. Petition stands disposed of in terms of this order with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)