1 60cra683-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL REVISION APPLICATION NO.683 OF 2011 Nagnath Sidaramappa Habba & Anr. .. Applicants V/s. Bhimashankar Tukaram Udgiri .. Respondent ..... Mr. R. S. Alange for the applicants. Mr. S. G. Deshmukh i/b. Mr. Suhas Inamdar for the respondent. ..... CORAM : A.S.OKA, J. DATE : DECEMBER 15, 2011. P.C.: Heard the learned counsel appearing for the applicants and the learned counsel appearing for the respondent. When this Court was inclined to issue Rule on the ground that the first Appellate Court has not done its duty, the learned counsel appearing for the respondent has no objection if by setting aside the impugned Judgment and decree, the Appellate Court is directed to rehear the Appeal and decide the same afresh. He prays that a time bound schedule may be fixed as the ground of eviction is bona fide need. 2. Hence, I pass the following order: :: O R D E R :: i. The impugned Judgment and decree dated 2 60cra683-11 2nd July, 2011 passed by the Learned Ad-hoc District Judge-I, Solapur is quashed and set aside and the Regular Civil Appeal No.212 of 2007 is restored to the file of the District Court. ii. The parties shall appear before the learned Principal District Judge of Solapur at Solapur on 23rd January, 2012 for fixing the schedule of hearing. The learned Principal District Judge may himself take up the Appeal for final hearing or may assign it to any other District Judge. iii. The Appellate Court shall hear and decide the Appeal afresh as expeditiously as possible and in any event before the end of April 2012. iv. It is made clear that no adjudication has been made by this Court on the merits of the issue of bona fide need and all contentions of the parties on merits are kept open. v. Revision Application is partly allowed on the above terms with no order as to costs. (A.S.OKA, J.)