1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5559 OF 2010 Gulshan Salim Chauhan Petitioner versus Farida Ismail Mansoor and another Respondents D.B.Savant for petitioner. N.G.Bane for respondent no.1. Vijay Nair i/by Prashant Kulkarni for respondent no.4. CORAM : A.S.OKA, J. DATE : 28th October 2010 PC : 1. Heard learned counsel appearing for the petitioner, learned counsel for the 1st respondent and learned counsel for the 4th respondent. Learned counsel for the 4th respondent states that he has no objection if the impugned order is set aside and application at Exhibit-65 is directed to be re-heard. He states that the 4th respondent wants to apply for transposing herself as petitioner in the election petition. Learned counsel for the first respondent has no objection for adopting such a course of directing re-hearing of application at Exhibit 65. 2. Hence, the writ petition is disposed of by passing following order:- a) The impugned order dated 5th May 2010 is quashed and set aside and application at Exhibit-65 is restored to the file of Trial Court; b) The Trial Court will hear and decide application at Exhibit-65 afresh 2 after giving an opportunity to the parties of being heard; c) All contentions on merits are kept open; d) The application shall be decided within a period of eight weeks from the date on which an authenticated copy of this order is produced before the Trial Court; e) Rule is partly made absolute in above terms; f) Civil Application (Stamp) No.28041 of 2010 does not survive and the same is disposed of as such. (A.S.OKA, J.)