IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 385 OF 2008 SECOND APPEAL NO. 385 OF 2008 SECOND APPEAL NO. 385 OF 2008 Shri Bhawandas Bhikchand Ahuja & Anr. ..Appellants (Org. Plaintiffs) Versus Shri Lalchand Bhikchand Ahuja & Ors. ..Respondents (Org. Defendants) Mr. Ashok Agrawal, Advocate i/b. Girish R.Agrawal & Associates for the appellants. Mr. A.T.Narsinghani, Advocate, for the respondents Nos. 1 & 2. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 26th August, 2008. DATE: 26th August, 2008. DATE: 26th August, 2008. P.C. P.C. P.C. 1. After some discussion at the Bar and after perusal of the documents and the relevant provisions of law, the learned Counsel for the parties agreed that this Court may allow the Appeal without giving any reasons and remand the matter to the trial Court for disposal as per law. 2. Therefore, with consent of the parties, the Appeal is hereby allowed. The impugned order passed by the trial Court in Regular Civil Suit No.99 of 2005 as well as by the appellate Court in First Appeal No.45 of 2006 are hereby set aside. The suit is remanded back to the trial Court to proceed and dispose of the same as per law. 3. All the contentions of the parties on merits as well as the challenge to the jurisdiction of the trial Court are left open. The written statment is already filed by the defendant/respondent before the trial Court. Taking into consideration the nature of the dispuite, the trial Court shall expedite the hearing and dispose of the same, as far as possible, within one year from this date. (J.H.BHATIA, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.)