:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.320 OF 2008 CIVIL REVISION APPLICATION NO.320 OF 2008 CIVIL REVISION APPLICATION NO.320 OF 2008 Dalal and Company, .. Petitioners Vs. 1. Estate Officer, The Oriental Insurance Co Ltd and ors. .. Respondents. Mr S.V.Masurkar, for the petitioners. Mr V.V.Warerkar i/b M/s Warerkar & Warerkar, for respondent no.2. Mrs S.V.Bharucha, for respondent no.3. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 25th MARCH, 2009. DATED : 25th MARCH, 2009. DATED : 25th MARCH, 2009. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. This Revision application is directed against an order dated 6.2.2008 passed by the Principal Judge of the City Civil Court, Bombay, disposing of Misc. Appeal No.167 of 2002. The Misc. Appeal was directed against the Judgment and order passed by the Estate Officer, appointed under section 3 of the Public Premises (Eviction of Unauthorised Occupants) Act,1971. The Estate Officer passed a speaking order for eviction against the petitioner after dealing :2: :2: :2: with all issues and answering them against the petitioner. The City Civil Court in the appeal has framed only one issued, namely, "whether the impugned order and judgment required interference in this appeal?", and has dismissed the appeal virtually recording only one paragraph reasons without dealing with the merits of the case. In view thereof, learned counsel for the parties fairly stated that I need not record reasons for setting aside the impugned order and have agreed for the following order. Hence, I pass the following order. (i) The impugned judgment dated 6.2.2008 is set aside. Misc Appeal No.167 of 2002 is restored to file and remanded to the City Civil Court, Bombay for its disposal on merits. (ii) The concerned Judge, City Civil Court Bombay, shall endeavour to dispose of MISC Appeal No.167 of 2002 afresh on merits in accordance with law after giving an opportunity of being heard to all the parties to the proceedings, as expeditiously as possible and preferably within a period of four months from the date of receipt of this order. (iii) With these observations, Civil Revision :3: :3: :3: Application is disposed of. The order of status-quo that was granted by the City Civil Court, Mumbai, during pendency of the Misc.Appeal No.167 of 2002, shall remain operative till the disposal of the said appeal. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)