1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.251 OF 2009 IN CIVIL APPLICATION NO.698 OF 2008 IN WRIT PETITION NO.7355 OF 2006 Shri Kalu Nivrutti Bhosale. ..Applicant. V/s. Shri Pandurang V. Deokate. ..Respondent. Mr.A.P.Kulkarni for applicant. Mr.S.M.Oak for respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 17, 2009. DATE : FEBRUARY 17, 2009. DATE : FEBRUARY 17, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. By this application, the original defendant/Petitoner prays that the Order passed 29th January, 2009 in Civil Application No.689 of 2008 be recalled. 3. After considering the argument without recording any reasons on the submissions made across the bar, it is appropriate to dispose of the present application and amend the operative order passed on January 29, 2009 disposing of the Writ Petition by 2 permitting the Writ Petitioner to approach the Civil Court in the pending suit for consideration of the question about efficacy of the order passed by the Tahsildar on 7th February, 2008, which is operating against the Writ Petitioner having been confirmed by the Sub-Divisional Officer. The Civil Court may consider all aspects of the matter afresh and pass appropriate interim order, as may be advised. Till such order is passed on the proposed application of the Defendant/Petitioner, parties shall maintain status quo as obtained prior to January 29, 2009. 4. The proposed application be filed within two weeks from today and the same be decided by the Trial Court expeditiously, in any case, before 30th April, 2009. 5. The interim arrangement ordered earlier shall continue till appropriate order is passed by the Civil Court on proposed interim application of the Writ Petitioner or till the disposal of the proposed application whichever is earlier. 6. Application disposed of on the above terms. 7. It is once again made clear that the Trial 3 Court will decide all issues raised by the parties on its own merits uninfluenced by the opinion recorded by the Appellate Court in the impugned judgment or for that matter in order dated 29th January, 2009. Ordered accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)