[1] IN THE HIGH COURTOF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 468 OF 2002 IN SUIT NO. 93 OF 1977 Marol Nand-Dham Udyog Premises Co-operative Society Ltd. ... Appellants. [Orig. Defendants] Versus. Hector Hoshang Mehta & Ors. ... Respondents. [Orig. Plaintiffs.] Dr. V.V.Tulzapurkar Sr.Adocate with P.V.Samdhani Sr. Advocate i/b. Wadia Gandhy & Co. for the appellants. Mr. Iqbal Chagla, Sr. Advocate with D.J.Khembata Sr. Advocate and Pravin Divan i/b. Bachubhai Munim & Co. for the respondents. CORAM CORAM CORAM : D.K.Deshmukh and : D.K.Deshmukh and : D.K.Deshmukh and A.A.Sayed, A.A.Sayed, A.A.Sayed, JJ. JJ. JJ. DATE DATE DATE : February 16, 2009. : February 16, 2009. : February 16, 2009. P.C. 1. By consent of the parties, the Judgment of the [2] learned Single Judge impugned in the appeal is set aside. 2. On an application made by the Plaintiffs, the plaint in Suit No. 93 of 1977 be returned to the Plaintiffs for presentation to the proper Court. The office while returning the plaint shall also return to the Plaintiffs, the original depositions recorded in the Suit, if necessary, after requiring the Plaintiffs to file certified copies of the depositions on the record of the suit. 3. Parties to appear before the Court of Small Causes at Bandra where the Plaintiffs want to present the plaint, on 16th March, 2009. 4. Considering that the suit was filed in the year 1977 and considering the age of the parties to the suit, the Small Causes Court shall hear and dispose of the suit as expeditiously as possible. 5. Appeal and the suit disposed of. [D.K.Deshmukh, [D.K.Deshmukh, [D.K.Deshmukh, J.] J.] J.] [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]