1 wp2866.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.2866 OF 2010 Vinod Shekhar ...Petitioner vs. Vithal Shivram Bodake ...Respondent Mr.G.S.Godbole i/b Jai Kanade & Sidharth Ronghe for the petitioner Mr.D.B.Sawant for the respondent CORAM :A.S.OKA,J. DATE :DECEMBER 8,2010 P.C. 1 Heard the learned counsel for the petitioner and the learned counsel for the respondent. After arguing the matter for some time, the learned counsel for the respondent agrees that in stead of keeping the matter pending in this Court, by setting aside the ex-parte decree, the suit may be remitted to the Trial Court by fixing a time bound schedule. He submitted that the petitioner be directed to pay heavy costs and the costs may be ordered to be paid to the Maharashtra State Legal Services Authority. 2 The suggestion is very fair and reasonable which deserves to be accepted. Considering the facts of the case, the amount of costs is quantified at Rs.50,000/-. 3 Hence, I pass the following order : i) The Judgment and Decree dated 23rd February 1999 passed by the Trial Court is set aside and the R.A.E Suit no.1544 of 1987 is restored to the file of the 2 wp2866.sxw trial Court subject to the petitioner paying costs of Rs.50,000/- within six weeks from today. The amount of costs shall be deposited with the Maharashtra State Legal Services Authority and receipt thereof shall be produced before this Court within a period of six weeks from today. ii)The parties are directed to appear before the Trial Court on 7th January 2011 at 11.00 a.m for fixing the schedule of hearing. iii)It will be open for the respondent to lead further evidence in addition to the evidence which is already adduced. The applicant will be also entitled to adduce evidence. iv)It is made clear that the petitioner will not entitled to seek any adjournment on any unreasonable ground and the petitioner shall co-operate with the learned trial Judge for expeditious disposal of the suit. In the event the trial Court finds that the petitioner is not co-operating for expeditious disposal of the suit, it will be open for the trial Court to submit a report to this Court. v) The suit shall be decided as expeditiously as possible and preferably before the end of June 2011. vi)Payment of costs will be a condition precedent. vii)Petition is disposed of on above terms. JUDGE