1 WP 4709.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FARAD CONTINUATION SHEET No. WRIT PETITION NO. 4709 OF 2010 [Ganesh Shankar Fulari VERSUS Kisan Bhausaheb Fulari and others] Mr. N.V. Gaware, Advocate for the petitioner Mr. N.C. Garud, Advocate for the respondent no. 1 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders P.C.:- 1. By consent, the Petition is being disposed of on following terms:- I) The impugned order is set aside. The Application is restored to its original position with direction that the learned District Judge, shall decide the Application afresh on merits thereof, without being prejudiced by the observations made in the earlier order, which is impugned and set aside. II) The learned District Judge may consider final disposal of the appeal on merits, if it is found 2 WP 4709.2010 practicable to do so instead of deciding the interim Application, if the same can be decided within a period of three months. 2. The ad-interim stay granted by this Court stands vacated. 3. Petition disposed of. Sd/- DT. : 12.08.2010 [V.R. KINGAONKAR, J.] arp