1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL REVN. APPLN. NO. 803 OF 2009 Mr. Prakash Laxminarayan Chaube. ... Applicant. V/s. Mr. Khandu Shankar Khairnar (deceased) through L.Rs. (1) Smt. Sushila Khandu Khairnar & Ors. ... Respondents. Mr. D.B. Patil for the Applicant. Ms. Deepali Patil for the Respondents. CORAM : S.C. DHARMADHIKARI,J. DATED : 18th MARCH 2010. P.C. :- The Petitioner is the Original Appellant in Civil Appeal No. 95 of 1997. The Petitioner/Appellant filed this Appeal challenging the Judgment and Decree passed in Regular Civil Suit No.709 of 1991 dated 29th April 1997. 2. The principal ground of challenge in the Appeal was that the decree for possession of the Suit premises has been passed exparte. The Trial Court did not grant any opportunity to the Petitioner – Original Defendant/Appellant to lead oral evidence. 3. In paragraphs 7 and 8 of the Lower Appellate Court’s order, this fact is undisputed. Yet, the Lower Appellate Court has rejected the request for remand which necessitated filing of this Civil Revision Application. It is common ground that the Lower Appellate Court has proceeded on merits and upheld 2 the decree for possession. 4. After hearing both sides and in facts peculiar to this case so also there being an ex-parte decree for possession of the suit premises, the impugned orders are quashed and set aside. Regular Civil Suit No.709 of 1991 is restored to the file of the Trial Court for hearing afresh on merits and in accordance with law. The Trial Court shall give the Suit priority and endeavour to dispose it of within a period of three months from the date of receipt of a copy of this order. 5. The Petitioner – Defendant shall fully co-operate in the early disposal of the Suit by not seeking unnecessary adjournments. If the Trial Court finds the conduct of the Petitioner to be blameworthy, it can pass appropriate orders in accordance with law. 6. The Revision Application is allowed in these terms. During the pendency of the Civil Suit, the Petitioner – Defendant shall regularly pay the rent determined so also shall not induct any third party in possession nor create any third party rights or part with possession of the Suit premises in any manner. Order accordingly. 7. All concerned to act on authenticated copy of this order. (S.C. DHARMADHIKARI,J.) 3