1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.919 OF 2005 IN NOTICE OF MOTION NO.1476 OF 2003 IN SUIT NO.1399 OF 2003 Ashok Bhau Jadhav ...Appellant v/s Rajendra B. Nair ...Respondent Mr S.M. Sakhardande i/b Ms N.S. Moily for Appellant. Mr Bhavesh Parmar for Respondent. CORAM : D.K. DESHMUKH AND V.R. KINGAONKAR JJ. DATE : 22ND MARCH 2010. 2 P.C. :- 1] By consent of parties, the order dated 23rd May 2005 which is challenged in the appeal is set aside. The notice of motion is remitted back to the learned Single Judge. Considering that the notice of motion is of 2003, the learned Single Judge is requested to dispose off the same as expeditiously as possible. The learned counsel appearing for original defendant states that presently, the defendant is conducting business in the premises and that he will continue to do so. Statement is accepted. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. (JUSTICE D.K. DESHMUKH) (JUSTICE V.R. KINGAONKAR)