1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4809 OF 2008 (Nandkumar s/o B.H. Naidu & Ors. vs. Dr. Thanwerdas Hasanand Janyani & Ors. ) 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. DECEMBER 03, 2008. The matter is being heard since long. At the request of parties, due to failure to consider the availability or otherwise of House No. 68 to the respondents – original plaintiffs, I am inclined to remand the matter back to lower appellate court. Shri Lalwani, learned counsel for the respondents, upon instructions, says that he has no objection for remand of the matter. Shri Jaiswal, learned counsel for the petitioners has also argued some other points. In the circumstances, the impugned judgment dated 6.9.2008 delivered by the Ad-hoc District Judge -2, Nagpur, is hereby quashed and set aside. Regular Civil Appeal No. 452 of 2007 is restored back to the file of said Court for fresh consideration on merits as early as possible and preferably by 28th February 2009. 2 The parties to appear before the said Court on 16th December 2008 and to abide by its further instructions in the matter. Writ Petition is disposed of. However, there shall be no order as to costs. Certified copy expedited. JUDGE *GS.