1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.120 OF 2008 WITH CIVIL APPLICATION NO.1914 OF 2008 B.L. Ranganayaki. ...Petitioner. Vs. Shakuntaladevi Vishwanath Agarwal & another. ...Respondents. .... Mr. H.S. Shreepad Murthy for the Petitioner. Mr. Y.A. Tiwari for Respondent No.1. ..... CORAM : DR.D.Y.CHANDRACHUD, J. September 18, 2008. P.C. By consent of Counsel, the Writ Petition has been taken up for hearing and final disposal. The First Respondent, who is the Plaintiff before the City Civil Court, and the contesting Respondent herein, appeared through Learned Counsel. Learned Counsel are agreed that the following order may be passed by consent and without any further reasons being recorded by this Court, in order to obviate any expression of opinion by this Court on the merits of the rival contentions: 2 (1) The order of the City Civil Court, dated 2nd November 2007 in Notice of Motion 2314 of 2007 in L.C. Suit No.2443 of 2007 is set aside; (2) Notice of Motion 2314 of 2007 taken out by the Plaintiff is restored to the file of the City Civil Court; (3) The Chamber Summons taken out by the Petitioner herein (Chamber Summons 797 of 2007) is made absolute in terms of prayer clause (a) and the Petitioner is directed to be impleaded as Defendant to the suit. Counsel appearing on behalf of the First Respondent, the original Plaintiff, states that consequential amendments shall be carried out within a period of one week from today; (4) The Ad-interim order dated 3rd July 2007 shall stand extended until the disposal of the Notice of Motion; 3 (5) The Learned Trial Judge shall set down a time schedule for early disposal of the Notice of Motion, preferably within a period of two months. Since this order has been passed by the consent of the parties, the Learned Trial Judge shall, it is clarified, not construe this order as any expression of opinion on the merits of the rival contentions. The Petition is disposed of in the aforesaid terms since no other point has been pressed. In view of the disposal of the Petition, the Civil Application does not survive and accordingly stands disposed of. .....