1 CRA-560.sxw ASN IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.560 OF 2010 Mr. Aziz Daud Sajan. ..Applicant. Vs. Mr.Salim Illahi and ors. ..Respondents. Mr.P.J. Pandit for the Applicant. Mr. Madhav Jamdar, Advocate for the Respondent Nos.1 to 4. Coram : A.S.OKA, J. Date :13th October, 2010 PC: 1 Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondents. After this revision application was heard on merits for some time, the learned counsel appearing for the respondents, on instructions, states that instead of keeping the matter pending in this Court, the Appellate Court be directed to decide the appeal afresh. The suggestion is reasonable and accordingly, the same is accepted. Hence, I pass the following order. ORDER a) The impugned Judgment and Order is quashed and set 2 CRA-560.sxw aside. b) Civil Appeal No.256 of 2009 is restored to the file. c) The parties are directed to appear before the Appellate Court on 27th October, 2010 at 11.00a.m. for fixing the date of hearing of the appeal. d) The Appellate Court shall hear and decide the appeal afresh as expeditiously as possible and in any event before the end of January, 2011. e) It is made clear that no further notice of the date fixed in the appeal will be given to the parties. f) Revision Application is partly allowed with no order as to costs. d) Needless to clarify that the order of stay operating during the pendency of the appeal stands restored subject to same terms and conditions. JUDGE