1 7 cra.514.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 514 OF 2010 Dr. Nanaso Deoba Patil. ... Applicant Versus Sou. Vasanti Suhas Tembe. ... Respondent ----- Mr. S.P.Thorat i/b Mr. Rananaware D.D. For the Applicant. Mr. Surel Shah for the Respondent. ----- CORAM : A.S.OKA, J. DATE : 20 th December, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent. 2 The learned counsel appearing for the Respondent states that the Respondent has no objection if by setting aside the impugned judgment and decree of the Appellate Court, the appeal is ordered to be heard afresh. He states that he has no objection if the amount deposited by the Applicant in terms of the order dated 18 th January, 2011 is withdrawn by the revision Applicant. 2 7 cra.514.10 3 The learned counsel appearing for the revision Applicant has no objection for adopting the said course. He submitted that the suggestion made by this Court earlier ought to have been accepted at the stage of admission. 4 Hence, I pass the following order: i. The impugned judgment and decree dated 31 st March, 2010 is quashed and set aside and the Regular Civil Appeal No.392 of 1998 is restored to the file of the District Court at Kolhapur. ii. The parties are directed to appear before the learned Principal District Judge at Kolhapur on Monday, 23 rd January, 2012 at 11:00 a.m. for fixing the schedule of hearing ; iii. As a result of the restoration of the appeal, the interim relief which was operating during the pendency of the appeal also stands restored ; iv. It will be open for the Applicant to withdraw the amount deposited by him in terms of the order 3 7 cra.514.10 dated 18 th January, 2011 passed by this Court ; v. The learned Principal District Judge may himself take up the appeal for final hearing. However, considering the administrative exigencies, if he is unable to take up the appeal himself, he may transfer it to any other District Judge ; vi. Hearing of the appeal is expedited ; vii. All contentions of the parties on merits of the appeal are expressly kept open ; viii. The revision application is partly allowed on above terms with no order as to costs ; and ix. Civil Application No.400 of 2010 does not survive and the same is disposed of. [ A.S.OKA, J ]