1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.3782 OF 2009 Hiralal Palan Savala ...Petitioner vs. Poona Estate Development Pvt.Ltd. And another ...Respondents Mr.S.V.Sadavarte for the petitioner Mr.A.M.Joshi for respondent no.1 CORAM :A.S.OKA,J. DATE : AUGUST 20, 2009 P.C. 1 Heard the learned counsel for the petitioner and the learned counsel for the first respondent. Considering the controversy involved in this petition, the same is taken up for final disposal. 2 The first respondent is the original plaintiff and the petitioner is the first defendant. A suit for declaration and injunction was filed by the first respondent. An application was made in the said suit for grant of temporary injunction. The learned trial Judge rejected the said application for temporary injunction. The first respondent preferred an appeal against the said order which has been allowed by the impugned order. The learned counsel for the petitioner and the learned counsel for the first respondent have made detailed submissions on merits. Considering the nature of the 2 impugned Judgment and order, it is not necessary to go into the merits. 3 The reasons recorded by the learned District Judge run only into two short paragraphs. Moreover, the reasons recorded are very cryptic which do not deal with the controversy involved in the appeal. The appeal has been decided by the learned Judge in a most unsatisfactory manner by passing by a cryptic order. This court does not have the benefit of detailed reasons. Only on this ground, the impugned Judgment and order deserves to be quashed and set aside. 4 Hence, I pass the following order : i)Impugned Judgment and order dated 10 th February 2009 is quashed and set aside and Misc. Civil Appeal no.448 of 2008 is remanded to the District Court for fresh hearing. ii)Parties are directed to remain present before the District Court on 22 nd September 2009 at 11.00 a.m. iii)The concerned court will hear the appeal afresh and will decide the same in accordance with law as expeditiously as possible and preferably on or before 30 th December 2009. iv)All contentions of the parties on merits are expressly kept open. v) Writ Petition is accordingly disposed of. 3 JUDGE