1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.8847 OF 2009 Shri Vakil & Another ...Petitioners vs. Ravindra Namdeo Ahir ...Respondent Mr.R.N.Sanghavi for the petitioners Mr.M.T.Pise for the respondent CORAM :A.S.OKA,J. DATE : APRIL 20, 2010 P.C.: 1 Heard the learned counsel for the petitioners and the learned counsel for the respondent. Arguable questions are raised. Rule. There will be interim relief in terms of prayer clause (c). 2 After this order is passed, the learned counsel for the respondent-plaintiff states that instead of keeping the petition pending in this Court, order of remand be passed with a direction to the trial Court to re-hear the application at Exh.19. The said request is reasonable which deserves to be accepted. Hence, petition is disposed of by passing the following order : i)Impugned order dated 3 rd February 2009 is quashed and set aside and the application at Exh.19 is restored to the file. The application at Exhibit-22 will not survive. ii)It will be open for the petitioners to file a reply to the said application on or before 8 th June 2010. No further time will be granted to the 2 petitioners. iii) The trial Court will decide the said application afresh as expeditiously as possible. iv) All contentions of the parties on merits of the application at Exh.19 are kept open. JUDGE