vsa CRA 172_2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL REVISION APPLICATION NO.172 OF 2011 Smt. Vatsala Girish Kumar & Ors. ...Applicants vs. Ashish Natwarlal Sheth & Ors. ...Respondents Mr. A.A. Kumbhakoni, i/b. Prabhakar Shetty for the Applicants Mr. Gani K. Jadhav for Respondents. CORAM : A.S.OKA,J. DATE : 13 th December, 2011 P.C. Considering the nature of the findings recorded by the Appellate Court on the issue of bonafide requirement, when this Court was inclined to issue Rule, the learned counsel appearing for the Respondents states that instead of keeping the Revision Application pending in this Court, the Appellate Court be directed to hear and decide the appeal afresh. The learned Counsel appearing for the applicants pointed out the averments made in Civil Application No. 136/2011. He states that the subsequent events stated therein will have to be considered. He states that the issues which have been decided by the Appellate Court in favour of the applicants should not be disturbed. 2. The perusal of paragraphs nos. 22 and 23 of the Judgment of the Appellate Court shows that it is not possible to understand what Appellate Court intended to say on the ground of bonafide requirement. The judgment is far from being satisfactory as a Judgment of the last fact finding Court. Looking into the approach of the Appellate Court, this is a fit case where the appeal will vsa CRA 172_2011 have to be re-heard. 3. Hence, I pass the following order: i) The impugned judgment and decree dated 15 th December, 2010 is quashed and set aside and Appeal No. 130 of 2001 is restored to the file of the Appellate Court. ii)It will be open for the applicants to take out appropriate application before the Appellate Court in terms of the averments and prayer made in Civil Application No. 136/2011. If such application is made, the same shall be decided in accordance with law. iii)The Appellate Court shall hear and decide the appeal afresh as expeditiously as possible and preferably before the end of April, 2012. All the contentions of the parties on merits of the appeal are kept open. iv)The parties are directed to appear before the Appellate Court on Monday, 9 th January, 2012 for fixing the schedule of hearing. (A.S. OKA, J.) vsa CRA 172_2011