-: 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 APPEAL FROM ORDER NO. 398 OF 2009 APPEAL FROM ORDER NO. 398 OF 2009 APPEAL FROM ORDER NO. 398 OF 2009 ALONGWITH ALONGWITH ALONGWITH CIVIL APPLICATION NO. 482 OF 2009 CIVIL APPLICATION NO. 482 OF 2009 CIVIL APPLICATION NO. 482 OF 2009 IN A.O. NO. 398 OF 2009 Shri Suresh Pundalik Kene & Anr. .. Appellants. V/s. Smt. Kusum Vishnu Shelar & Anr. .. Respondents. --- Mr.Sandesh D. Patil for the Appellants. Mr. Rajesh S.Datar for the Respondent nos. 1 and 2. ---- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 24th APRIL, 2009 DATED : 24th APRIL, 2009 DATED : 24th APRIL, 2009 P.C. : P.C. : P.C. : 1. Both the learned counsel, Mr. Patil and Mr. Datar, appearing for the appellants and the respondents respectively submit that the impugned order be quashed and set aside and the matter be remanded back to the trial court for decision afresh on the application below Exh.5, filed by the respondents-plaintiffs. In view of this common statement made by the learned counsel for the respective parties, reasons to quash and set aside the impugned order need not be given. 2. In the result, I dispose of the Appeal from Order by -: 2 :- passing following order : i. The impugned order is quashed and set aside. ii The trial court shall decide application at Exh. ‘5’ in Special Civil Suit No. 639 of 2008 afresh as expeditiously as possible. Needless to mention that the said application shall be decided independently on its own merits and without being influenced by this order or by the order impugned in the A.O.. iii During the pendency and final disposal of the aforesaid Application at Exh.‘5’, the parties to the suit shall maintain status-quo in regard to the suit property as on 29.12.2008. 3. In view of the disposal of the A.O., nothing survives in the civil application and the same is disposed of as such. (R.V.MORE,J.) .....