1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 909 OF 2010. Dattatraya Tanbaji Bangare . -: versus :- Prakashchandra Birdichand Jain. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JUNE 30, 2010. Heard finally by consent of Shri A.Shelat, learned counsel for petitioner and Ms. V.Y. Wasu, learned counsel for respondent. This Court has remanded the matter back on 12.08.2009 while deciding Writ Petition No.2117/2002 with directions to give opportunity to both the sides to file their respective pleadings and evidence. Accordingly on 03.11.2009, present respondent / tenant filed a statement supported by solemn affirmation in support of his case pointing out subsequent events. It is being contended that along with it some documents were also filed. On that date, after taking that written statement on record, the Appellate Authority granted time to respondent to file written notes of arguments. Infact the Appellate Authority directed the petitioner/landlord also to file written notes of argument on next date. Thereafter written notes of arguments have come on record. 2 In this background the Appellate Authority appears to have referred to affidavit of tenant dated 03.11.2009. The said affidavit has been acted upon and petitioner did not get any opportunity to cross examine the tenant about the same. It is obvious that petitioner also did not file any affidavit either favoring or denying those subsequent events. In view of this position, it will be appropriate to permit the petitioner to cross examine the respondent / tenant, if he so desires and also to place his affidavit on record so that the same can also be tested in cross examination. The matter pertains to bonafide need and hence proceedings before the Appellate Court are expedited. Shri Shelat, learned counsel pointed out that the matter is pending since last about 22 years. In the circumstances, parties to appear before the Appellate Authority on 10.07.2010 and to abide by its further instructions in the matter. The Appellate Authority shall decide the appeal as early as possible and in any case by 30.09.2010. The order passed by the Appellate Authority dated 30.09.2009 is hereby quashed and set aside for said purpose. Writ Petition is allowed. Rule accordingly, however, there shall be no order as to costs. JUDGE Rgd.