IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL REVISION APPLICATION NO. 266 OF 2007 CIVIL REVISION APPLICATION NO. 266 OF 2007 CIVIL REVISION APPLICATION NO. 266 OF 2007 ADARSH PEACE LAND COOP. HOUSING SOCIETY LTD. ..APPLICANT V/S ANTHONY J.M. D’SOUZA & ORS. ..RESPONDENTS Mr. R.A. Thorat i/by Mr. Ajit S. Karwande, Advocate, for the applicant. Mr. M.S. Memon, Advocate, for the respondents. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 30th April, 2008. DATE: 30th April, 2008. DATE: 30th April, 2008. P.C. P.C. P.C. 1. After perusal of the record and after some discussion at the Bar, on instructions from Mr. B.A. D’souza, son of respondent no. 1, the learned counsel of the respondent no. 1 and 2 and the learned counsel for the applicant agree that the Revision Application : 2 : may be allowed and the impugned judgment passed by the trial court be set aside in respect of the revision applicant who is the original defendant no. 1 subject to costs. 2. Therefore with consent of the parties the revision application stands disposed of with following directions:- Subject to payment of cost of Rs. 30,000/- by the defendant no. 1/revision applicant to the plaintiffs/respondent nos. 1 and 2 within 4 weeks from this date, the revision application stands allowed and the impugned judgment passed by the Appellate Court in Appeal No. 189/2003 as well as the judgment passed by the trial court in RAE & R Suit No. 1226/4353/80 on 9/8/2002 stand set aside to the extent of defendant no. 1 Adarsh Peace Land Cooperative Housing Society, who is the revision applicant before this court and the suit is remanded back to the trial court to hear and dispose of the same afresh as per law. As the suit is very old, the trial court shall expedite the hearing and dispose of the same by the end of October 2008. In case the defendant no. 1/applicant fail to pay the costs within : 3 : above mentioned period the revision application shall be deemed to have been dismissed. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)