1 wp-6953.08 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6953 OF 2008 Bhiku Mahadeo Gaikwad, Since deceased through his legal heirs : 1a. Rahul Bhiku Gaikwad & Others. .. Petitioners. Vs Krishnarao Rambhau Kalbhor & Others. .. Respondents -- Shri Rahul S. Kadam for the Petitioners. Shri Vinod Jadhav for Respondent Nos.1, 2 and 4. Shri A.I. Patel, AGP for Respondent No.5. -- CORAM : A.S.OKA, J. DATE : 6TH DECEMBER, 2010 P.C: . Heard learned counsel appearing for the Petitioners and the learned counsel appearing for the 1st, 2nd and 4th Respondents. The learned counsel appearing for the Petitioners states that the Constituted Attorney of the Petitioners is present. The learned counsel appearing for the contesting Respondents states that the 1st Respondent is personally present in the Court. The learned AGP appears for Respondent No.5. Learned counsel appearing for the Petitioners and the learned counsel appearing for the 1st, 2nd and 4th Respondents, on instructions, state that instead of keeping this Petition pending in this Court, the impugned order passed by the State Government in the appeal be quashed and set aside and the Appeal be remanded for fresh decision. 2 wp-6953.08 2. Request is reasonable. Hence, the Petition is disposed of by passing the following order. (a) The impugned order dated 5th August, 2008 passed by the State Government is quashed and set aside and the appeal preferred by the Respondent Nos.1, 2 and 4 is restored to the file of the State Government. (b) Parties are directed to appear before the Appellate Authority on 21st December, 2010 only for the purposes of fixing the date of hearing. (c) Appeal shall be decided afresh on its own merits after hearing the parties. (d) All contentions of the parties on merits are kept open. (e) Appeal shall be decided as expeditiously as possible and preferably before the end of March, 2011. (f) The Appellate Authority to act upon an authenticated copy of this order. (A.S.OKA, J)