1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5518 OF 2011 Chandrakant R.Patankar since deceased through Legal Heirs & Ors. .. Petitioners V/s Manohar N.Chodankar .. Respondent Mr.Shailendra S.Kanetkar for the petitioner. Mr.Rajesh Patil with Mr.Prashant Beri and Mr.Kaushik i/by M/s.Beri & Co.for Respondent No.1. CORAM: R.G.KETKAR, J. DATE : 12th September, 2011. P.C.: 1. On the motion made by Mr.Kanetkar, names of Respondent Nos.2 & 3 are deleted. Heard Mr.S.S.Kanetkar, learned counsel for the petitioners and Mr.Rajesh Patil, learned counsel for Respondent No.1. 2. By consent of the parties, writ petition is disposed of in the following terms:- (i) By consent of the parties, the impugned judgment and order dated 22.03.2011 below exhibit 77 in Civil Appeal No.377 of 2006 passed by the learned Extra Joint Ad-hoc Additional District Judge, 2 Pune is hereby quashed and set aside and the application at Exhibit 77 made by the petitioners/appellants is allowed. (ii) Mr.Kanetkar, learned counsel for the petitioners assures the Court that in case the petitioners desire to lead additional evidence, they shall co-operate in completing their evidence. He states that the petitioners shall complete their evidence within three months. Likewise Mr.Patil, learned counsel for Respondent No.1 states that in case the Respondent No.1 desires to lead additional evidence he will extend full co-operation for completing his evidence. He states that Respondent No.1 will complete his evidence within two months after the petitioners evidence is over. (iii) The Learned District Judge, within two weeks from the receipt of writ of this Court shall forthwith transmit record of the civil appeal to the learned trial Judge for recording evidence. (iv) The Learned trial Judge shall complete recording of additional evidence and record his findings thereon as expetitiously as possible and transmit the same within six months from sending of the record by the learned District Judge. 3 (v) The learned District Judge, upon receipt of the additional evidence recorded by the learned trial Judge together with the findings recorded thereon by the trial Judge, shall hear and dispose of the appeal as expeditiously as possible, at any rate within a period of six months from the date of receipt of additional evidence and the findings recorded thereon by the trial Judge. (vi) The above directions are issued as Respondent No.1 is a senior citizen and aged about 80 years. (R.G.KETKAR, J.)