FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.3569 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Ms.Asha M Bhambwani, for the petitioner. Mr RahulWalvekar i/by mr S.R.Ganbavale, for respondent nos 1 and 2. CORAM: D.B.Bhosale,J. DATED: 25.02.2008 P.C.: Heard learned counsel for the parties. Learned counsel for the parties have fairly stated that for allowing this petition I need not record reasons and they have agreed for the following order in view of the judgment of this court in Madhuri Prabhakar Patole Vs. Aruna Satishchandra Gaikwad, 2008(1) Bom.C.R.709. The order dated 27.9.2006 passed below Exhibit-1 in Civil Suit No.451 of 2005 is set aside. In view of the order passed on the application at Exhibit-15 dated 7.2.2006, the trial Court shall proceed to decide the preliminary issue in view of the judgment of this Court in Madhuri Prabhakar Patole’s case. In the circumstances, the order dated 17.1.2007 passed on the Application at Exhibit-34 renders ineffective. The writ petition is disposed of. All contentions of the parties are kept open. It is open for the petitioner to produce a copy of the order dated 13.12.2007 passed by the competent authority on Application No.27 of 2005 before the trial Court. While passing this order, I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the preliminary issue on merits in accordance with law. (D.B.Bhosale, J.)