kbp 1 4523-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4523 OF 2009 WITH WRIT PETITION NO.4524 OF 2009 Pravin Babulal Sali ..Petitioner Vs. Mangesh Shripad Chandratre and ors. ..Respondents ......... Mr.Nikhil Kumavat, for petitioner. Mr.S.S.Kulkarni i/b.Mr.Vishwas Satpute, for respondent no.1. ....... CORAM : A.S.OKA, J.. DATE : 1 st OCTOBER, 2009. P.C. : 1] Heard learned counsel for the parties. 2] The submission of the learned counsel for the petitioner is that the certain documents which were admittedly placed on record of the appellate court have not been considered by the appellate court while deciding the appeal. The learned counsel for the respondents, on instructions, states that instead of keeping the petitions pending in this court, the appeals may be ordered to he heard afresh and the appellate court may be directed to consider all the documents which are on record. The suggestion made by the learned counsel for the respondents is reasonable and I hence the following order: (a) The impugned judgment and order dated 21 st April, 2009 is kbp 2 4523-09.sxw quashed and set aside and the Miscellaneous Civil Appeal Nos.140 and 146 of 2009 are restored to the file of the District Court. (b) The parties are directed to appear before the learned Principal District Judge, Pune on 3 rd November, 2009 at 11:00 a.m. Learned Principal District Judge, Pune may himself hear the appeals or he may assign the same to the another learned Judge. (c) The appeals shall be disposed of on or before 31 st January, 2010. While disposing of appeals, the District court shall consider all the documents which were placed on the record of the trial Court as well as placed on record of the appeals. (d) Till the disposal of the appeals, interim order dated 21 st April, 2009 passed by the District Court below application exhibit 37 in Misc. Civil Appeal No.141 of 2009 shall continue to operate. (e) There is no dispute that as on today the shop subject matter of the dispute is kept locked. (f) All contentions of the parties on merits are kept open. ( A.S.OKA, J. )