1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1659 OF 2010 Kanwar Vilas Nath & Anr. .. Petitioners versus Union of India & Anr. .. Respondents Mr.Iqbal Chhagla, Sr.Counsel i/by S.P.Kanuga for the petitioners. Mr.S.R.Rajguru with M.Janardan for the Union of India. CORAM : A.S.OKA, J. DATE : 5th May 2010. P.C.: . Heard the learned senior counsel appearing for the petitioners and the learned counsel appearing for the respondents. By the impugned judgment and order dated 10th February 2010, the application made by the petitioners at Exhibit 58 has been rejected. The perusal of the impugned order shows that the case made out by the petitioners before the trial Court was that the application at Exhibit 58 was made by invoking provision of section 83 of the Transfer of Property Act 1882. 2. The learned senior counsel appearing for the petitioners on instructions states that the petitioners do not desire to claim a relief under section 83 of the said Act of 1882. He states that the petitioners’ prayer in the said application be considered under Rule 10A of Order XXXIV of the Code of Civil Procedure, 1908 as amended for Maharashtra with effect from 31st December 1987 as well as under the general law. He, therefore, submits that the impugned order may be set aside and the trial Court be directed to reconsider the application at Exhibit 58 2 and to pass order thereon in accordance with law. I have heard the learned counsel appearing for the respondents. 3. The petitioners are not pressing their claim under section 83 of the said Act of 1882. The trial Court has treated the application at Exhibit 58 as the one under section 83 of the said Act of 1882. Therefore, the request made by the learned senior counsel appearing for the petitioners is reasonable and the same deserves to be accepted. Accordingly, petition is disposed of by passing following order: : O R D E R : (a) The impugned order dated 10th February 2010 is quashed and set aside. Application at Exhibit 58 is restored to the file of the trial Court. (b) The trial Court will hear and decide the said application afresh by treating the same as an application under general law as well as under Rule 10A of Order XXXIV of the Code of Civil Procedure, 1908. It is made clear that the prayer in the application will not be considered under section 83 of the Transfer of Property Act, 1882. (c) The learned trial Judge will pass a fresh order on the said application after hearing parties concerned. All contentions of the parties are kept open. (d) Hearing of the suit is expedited. The trial Court will conclude trial before end of the year 2010. (A.S.OKA,J)