1 fa744-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa FIRST APPEAL NO. 744 OF 2010 Noorul Hasan Mohd. Idreis Khan & Ors. .. Appellants V/s. M/s. Manav Builders & Ors. .. Respondents ..... Mr. A. V. Anturkar, a/w. Mr. Anand Sanglikar i/b. Ms. A. R. Awasthi for the appellants. Mr. A. A. Kumbhakoni, i/b. Mr. S. K. Dubey for respondent Nos. 1 and 2. Mr. N. V. Walawalkar, senior counsel a/w. Mr. Vinod Mahadik for respondent Nos. 3 and 4. ..... CORAM : A. S. OKA, J. DATE : MARCH 31, 2011. P.C.:- Heard the learned senior counsel appearing for the parties. After arguing the Appeal on merits, the parties agree that the Appeal shall be disposed of by consent. Accordingly, Appeal is disposed of by passing the following order by the consent of the parties. :: O R DE R :: i. The impugned order dated 30th April, 2010 passed by the learned Judge of City Civil Court below Exhibit-1 2 fa744-10 is quashed and set aside and the L. C. Suit No.2719 of 2008 is restored in the file of City Civil Court. ii. It is made clear that the issue of jurisdiction which was framed as a preliminary issued shall be decided afresh alongwith all other issues arising in the suit at the time of final hearing of the suit. iii. Respondent Nos. 3 and 4 are granted time of six weeks from today to file written statement. iv. Hearing of the suit is expedited and trial Court shall endeavour to conclude the trial on or before 31st October, 2011. v. As a result of restoration of the suit, the order dated 21st November, 2008 passed by the learned trial Judge in Notice of Motion (Exhibit-5) is also restored. The learned counsel appearing for respondent Nos.1 and 2 states that third party interests have been created 3 fa744-10 prior to institution of the suit and substantial part of the construction has been completed. This statement made by the learned counsel appearing for respondent Nos.1 and 2 is accepted. However, it will be open for the appellants to dispute the correctness of the statement at the appropriate stage. vi. All contentions of the parties on merits of the suit are kept open. vii. Appeal is disposed of on the above terms with no order as to costs. viii. Civil Application No.1960 of 2010 does not survive and the same is disposed of. JUDGE