1 wp-6957.10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6405 OF 2010 Shri Bajirao Yallapa Kurade. .. Petitioner vs Shri Deshbhusan Balvant Deshmane & Ors. .. Respondents -- Shri G.N. Salunkhe for the Petitioner. Shri P.D. Dalvi for 1st to 13th Respondents. Ms Neeta Masurkar for 14th Respondent. The 15th Respondent is a private party. Shri R.M. Patne, AGP for 16th and 17th Respondents. -- CORAM : A.S.OKA, J. DATE : 9TH SEPTEMBER, 2010 ORAL JUDGMENT: . Rule. Shri Dalvi, the learned advocate waives service for the 1st to 13th Respondents. Learned counsel appearing for 14th Respondent waives service. The 15th Respondent is a formal party. The learned AGP waives service for the 16th and 17th Respondents. 2. It appears that the Petitioner was not heard by the learned Tahsildar before passing the order dated 11th November, 2009. In view of this factual position, the learned counsel appearing for Respondent Nos.1 to 13 states that instead of keeping the Petition pending, an order of remand may be passed with a direction to the learned Tahsildar to decide the case 2 wp-6957.10 afresh as expeditiously as possible. 3. In view of the aforesaid submission, following order is passed. (a) The impugned orders are quashed and set aside. (b) The Case No.1152 of 2008 is restored to the Court of Tahsildar at Aajara. The parties are directed to appear before the learned Tahsildar on 24th September, 2010 at 11.00 a.m.. It will not be necessary for the learned Tahsildar to issue fresh notices. (c) The learned Tahsildar will decide the proceedings in accordance with law as expeditiously as possible and preferably within a period of six months from the date on which the parties appear before him. (d) All contentions of the parties on merits are kept open. (e) Rule is made absolute in above terms with no order as to costs. 3 wp-6957.10 (f) The parties to act upon an authenticated copy of this order. (A.S.OKA, J)