: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 APPEAL FROM ORDER NO.50 OF 2009 WITH CIVIL APPLICATION NO.65 OF 2009 Mohammed Athar Nizamuddin .. Appellant. Vs. Maruti Bhimrao Bugade & Ors. .. Respondents. Mr.V.Y.Sanglikar i/b Mr.D.R.Singh for the appellant. Mr.M.V.Holamagi for respondent nos.2, 3 and 4. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 20TH JANUARY, 2009. DATED : 20TH JANUARY, 2009. DATED : 20TH JANUARY, 2009. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. Counsel for the parties fairly stated that I need not record the reasons for allowing this appeal and they have agreed for following order: . The order dated 11.12.2008 impugned in the present appeal is set aside by consent and the notice of motion bearing Exhibit-14 is restored to file. The City Civil Court shall decide the chamber summons filed by the appellant for adding him as a party - defendant in the suit within four weeks from today. After disposal of the chamber summons the learned Judge shall proceed to hear and decide the notice of motion bearing Exhibit-14 afresh, :2: :2: :2: expeditiously on merits in accordance with law. All contentions of the parties are kept open. The appeal from order is disposed of. . While setting aside the impugned order I shall not be understood to have examined merits of the case and the city civil court shall deal with chamber summons and the notice of motion on merits without being influenced by this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)