1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6049 OF 2006 (Hasin Ahmed s/o Hazi Abdul Sattar vs. Chandrakant Ganeshlal Donge through LRs Smt. Vijaya C. Donge) 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. OCTOBER 21, 2008. Heard the vehement arguments of Shri Dangre, learned counsel for the petitioner as also Shri Jetha, learned counsel for the LRs of the respondent. After arguments, the learned counsel have consented to the following order : 1. The impugned judgment dated 10.10.2006 passed by the Ad-hoc Additional District Judge-5, Nagpur, in Regular Civil Appeal No. 410 of 2003 and judgment dated 25.6.2003 passed by the 2nd Additional Judge, Small Causes Court, Nagpur, in Regular Civil Suit No. 55 of 2002 is quashed and set aside and said suit is restored back to the court of Small Causes Court, Nagpur, subject to the petitioner paying present LRs of respondent, cost of Rs.5,000/- by depositing the same before the Small Causes Court Nagpur, by 5th November 2008. 2. If the costs are so deposited, the trial Court to 2 permit the present legal heirs to come on record as plaintiffs in Regular Civil Suit No. 55 of 2002 and to examine themselves as witnesses. The defendants shall be free to cross examine them. 3. The defendants in the suit also to cross examine P.W.2 whose evidence has already been recorded in the said suit. 4. Thereafter, the Court below to permit the defendants to adduce evidence and decide the suit in accordance with law. 5. The proceedings in the suit are expedited and Court below to decide the suit as early as possible and in any case by 28th February 2009. 6. If the costs are not paid, the impugned judgment dated 25.6.2003 of Small Causes Court, Nagpur, shall stand as it is and the present LRs of respondent shall be free to execute it. 7. The parties to appear before the Small Causes Court at Nagpur on 5th November 2008 and to abide by its further instructions in the matter. Rule accordingly. Certified copy expedited. JUDGE *GS.