KBP 6924-08.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6924 OF 2008 Smt.Lalita Prabha Mithbaukar ..Petitioner Vs. Haseen Adamn Karolia (Deleted) Shabir Ahmedn Haseen Karolia ..Respondent ......... Mr.Madhav Jamdar, for petitioner. Mr.Chetan Agarwal i/b.Mr.S.N.Kadam, for respondent. ......... CORAM : A.S.OKA, J.. DATE : 9 th SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the petitioner and learned counsel for the respondent. 2] Learned counsel for the parties agree that instead of keeping the petition pending in this Court the decree passed in the suit filed by the respondent be set aside with liberty to the respondent to lead further evidence. The learned counsel for the respondent states that when the Court bailiff visited the suit premises for execution of the decree, it was found that strangers were in possession of the suit premises. It is submitted that the respondent be permitted to carry out amendment to the plaint by impleading the said persons as parties and by incorporating the consequential amendment. The learned counsel for the petitioner submits that if strangers were found to be in possession of the suit premises, there is adequate explaination in that behalf in the petition. KBP 6924-08.sxw 2 3] The parties have agreed for setting aside the decree. The question whether the petitioner has inducted third parties will have to be decided on evidence. Therefore, the permission deserves to be granted to the respondent to carry out amendment to the plaint. 4] In view of the aforesaid statement made by the learned counsel for the parties, writ petition is disposed of by passing following order:- (a) The impugned judgment and decree passed in R.A.E. No. 305/677 of 1995 is quashed and set aside. The suit is restored to the file of the Small Causes Court, Bombay. The parties are directed to appear before the trial court on 5 th October, 2009 at 11:00 A.M. On a formal application being made by the respondent, the trial court will permit the respondent to carry out amendment to the plaint for incorporating additional averments and for impleading the third parties. (b) It will be open for the petitioner to file an additional written statement to the amended plaint within a period of six weeks from the date on which the amended plaint is served to the petitioner. (c) The respondent is entitled to recall witnesses, if any, examined earlier for leading further evidence. The respondent is also entitled to lead further evidence by examining other witnesses. (d) It will be also open for the petitioner to lead the evidence. (e) The Suit is expedited and the trial court is directed to dispose of the suit as expeditiously as possible and in any event on or before 31 st August, 2010. (f) All contentions of the parties on merits are expressly kept open. ( A.S.OKA, J. )