IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION APPEAL APPEAL APPEAL FROM ORDER FROM ORDER FROM ORDER NO. 33 OF 2008 NO. 33 OF 2008 NO. 33 OF 2008 WITH WITH WITH CIVIL CIVIL CIVIL APPLICATION NO. 31 OF 2008 APPLICATION NO. 31 OF 2008 APPLICATION NO. 31 OF 2008 WITH WITH WITH CIVIL CIVIL CIVIL APPLICATION NO. 27 OF 2008 APPLICATION NO. 27 OF 2008 APPLICATION NO. 27 OF 2008 Shri Santoshkumar Houshilaprasad Vishwakarma & Ors. ..Appellants V/s. Shri Akbar Hajimiya Dolase & Ors. ..Respondents Shri Pratap Patil for the Appellants Shri A.G. Toraskar for Respondent No.1 and Shri C.K. Tripathi for Respondent No.3 CORAM : S.J. VAZIFDAR, J. DATED : 5TH JUNE, 2008. P.C. : . The impugned order has remanded the matter for afresh trial. In the facts and circumstances of the case, no interference with the impugned order is warranted. The Appeal from Order is dismissed. The parties shall appear before the Trial Court in the first instance on 3rd July, 2008 and thereafter, as directed by the Trial Court. 2. Both the Civil Applications are dismissed. The parties are at liberty to file interim applications before the Trial Court. The Trial Court is requested to accord to the suit a position on the basis of the date on which it was filed. The parties are at liberty to make interim applications before the Trial Court. Both the Civil Applications are also dismissed.