1 wp-2585.10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2585 OF 2010 Shankar Mukund Bhagat, since deceased by his heirs :- (a) Smt. Janakibai Shankar Bhagat & Ors. .. Petitioners Vs Smt. Aminabai Mahsinbhai Patta @ Kachwala & Ors. .. Respondents -- Shri A.S. Khandeparkar i/by Shri Anilkumar Joshi for the Petitioners. Shri Sandesh Deshpande for the Respondents. -- CORAM : A.S.OKA, J. DATE : 14TH OCTOBER, 2010 P.C: . Heard learned counsel appearing for the Petitioners and the learned counsel appearing for the Respondents. The learned counsel appearing for the Respondents states that Vakalatnama will be filed within a period of one week from today. 2. By consent, the Petition is disposed of by passing the following order : - (a) The impugned order dated 5th October, 2009 is modified to the extent to which the proceedings have 2 wp-2585.10 been remanded to ALT. It is directed that the order dated 21st November, 2005 passed by the Sub- Divisional Officer, Thane in Tenancy Appeal No.164 of 2002 is set aside. (b) Tenancy Appeal No. 164 of 2002 is restored to the file of the Sub-Divisional Officer, Thane. (c) Tenancy Appeal No.164 of 2002 shall be heard and decided afresh after hearing the parties. (d) All contentions of the parties on merits of the appeal are kept open. (e) Hearing of the appeal is expedited and the same shall be decided within a period of six months from today. (f) Writ Petition is partly allowed in above terms with no orders as to costs. (A.S.OKA, J)