:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8160 OF 2007 Malan Munir Shaikh .. Petitioner. Vs. Jayant Annarao Hingmir .. Respondent. Mr.U.P.Warunjikar for the petitioner. Mr.G.M.Savagare for the respondent. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 17TH MARCH, 2008. DATED : 17TH MARCH, 2008. DATED : 17TH MARCH, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. Rule, returnable forthwith. By consent taken up for final hearing. Mr.Savagare, learned counsel waives service for the respondent. 3. I have perused typed as well as xerox copy of the hand written order of the trial Court. None of the learned counsel for the parties could read the handwritten order. It is impossible to comprehend the order since many words in the handwritten order are not readable and even the typed copy is incomprehensible. In the circumstances I have no option but to set aside the impugned order with direction to the trial Court to consider Exhibit-39 application afresh after allowing the learned counsel :2: :2: :2: for the parties to re-argue the matter hence I pass the following order: . The impugned order dated 12.9.2007 passed on the application - Exhibit-39 is set aside. The application - Exhibit-39 is restored to file. The trial Court shall decide the said application afresh and preferrably within 12 weeks from the date of receipt of this order. It is open for the petitioner to rely upon the judgment of this court in M/s.Conwood Agencies Pvt. Ltd. Vs. Namdeo M/s.Conwood Agencies Pvt. Ltd. Vs. Namdeo M/s.Conwood Agencies Pvt. Ltd. Vs. Namdeo Pandurang Panchal & Anr. 2005 (I) ALL MR 335 Pandurang Panchal & Anr. 2005 (I) ALL MR 335 Pandurang Panchal & Anr. 2005 (I) ALL MR 335. The trial Court shall consider this judgment and other judgments, if any, relied upon by the parties. The writ petition is disposed of. While passing this order I shall not be understood to have examined merits of the case. All contentions of the parties are kept open. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)