1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.9430 OF 2009 Mrs.Mangal Mahavir Kempwade ...Petitioner vs. Babasaheb Shankar Herwade & Anr. ...Respondents Mr.Rahul Kulkarni for the petitioner Mr.N.Y.Chavan for respondent no.1 Mr.Pralhad Praranjape for respondent no.2 CORAM :A.S.OKA,J. DATE : APRIL 20, 2010 P.C.: 1 Heard the learned counsel for the parties. The learned counsel for the parties agree that the petition be disposed of by consent without assigning any reasons. By consent of the parties, the petition is disposed of by passing the following order : i) The order dated 18th January 2008 passed by the trial Court on application at Exhibit-53 is quashed and set aside and the said application is restored to the file of the trial Court. ii)It will be open for the petitioner to file a reply to the said application and to contest the said application. iii)The said application at Exhibit-53 shall be decided afresh by the trial Court as expeditiously as possible and in any event on or before 31st July 2010. Till the disposal of the said application, order dated 25th September 2009 passed below application at Exhibit-14 in Regular Darkhast no.7 of 2008 will remain in abeyance. iv)The executing Court will pass further order on the 2 said application at Exh.14 depending upon the outcome of the application at Exhibit-53. v) All contentions of the parties on merits of the application at Exhibit-53 are kept open. vi)Writ Petition is disposed of in above terms. JUDGE