KJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.732 OF 2009 Akbarbhai Abdulbhai Bohori ..Petitioner Vs. Yashwant Savliram Lasure (since deceased through his legal heirs A. Suresh Yashwant Lasure) ..Respondents ---- Mr. M.M. Sathaye for the petitioner. Mr.G.S. Bhat for the respondents. ---- CORAM : A.S.OKA, J DATE : 25/8/2010 P. C.: 1 Heard learned Advocate for the petitioner and the learned Advocate for the respondents. When this Court was inclined to issue rule, learned Advocate for the respondents stated that as it is the contention of the petitioner that some part of the evidence has not been considered by the appellate Court, instead of keeping this Civil Revision Application pending in this Court, an order of remand be passed and the District Court be directed to hear and decide the appeal afresh. The said request is reasonable. In view of the said request, Civil Revision Application is disposed of by KJ 2 passing the following order :- O R D E R (i) The impugned judgment dated 9.8.2006 is quashed and set aside and Civil Appeal No.235 of 2000 is restored to the file of the District Court ; (ii) Parties are directed to appear before the learned Principal District Judge, Nashik on 27.9.2010 at 11.00 A.M. The learned Principal District Judge may fix the appeal for hearing before himself or may assign to any other Court ; (iii) Appeal shall be decided as expeditiously as possible and in any event, on or before 31.3.2011. All contentions of the parties on merits are kept open. (iv) Civil Revision Application is partly allowed in above terms. It is clarified that the appellate Court will consider only the ground of bonafide requirement pleaded by the respondents. (JUDGE) KJ 3