1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL STAMP NO.30483 OF 2009 Balasaheb Champalal Bhansali & Ors. .. Appellants V/s Mushtaq Yasin Mansuri & Ors. .. Respondents Mr.J.B.Kocheta for the Appellants. Mr.V.N.Tayade for Respondent Nos.3 to 8 and 10 to 30. Mr.M.N.Sandhyanshiv with Mr.Yogesh Sankpal for Respondent No.9. CORAM: R.G.KETKAR, J. DATE: 18th August, 2010. P.C. 1. By consent of the parties, impugned judgment and decree dated 24th October, 2008 passed by the learned Civil Judge, Senior Division, Malegaon in Special Civil Suit No.24 of 2008 is set aside. Special Civil Suit No.24 of 2008 shall stand restored to the file of learned trial Judge. Parties shall appear before the learned trial Judge on 13th September, 2010 and shall obtain suitable orders for proceeding with the suit. 2. Learned counsel for the parties submit that they will make suitable application before the learned trial Judge for disposing of the suit in a time bound manner and they further assure the Court that they will extend necessary co-operation to the learned trial Judge for disposal of the suit. 3. Since the order is passed by consent, parties have agreed that reasons need not be given for passing the order. 4. Learned counsel for the Appellants states that the Appellants will not create any third party interest in respect of the subject matter of the suit. Statement is accepted. 5. Since parties have agreed to appear before the learned trial Judge on 13th September, 2010, no separate notice is required to be issued to the parties. 6. Appellants shall file appropriate application for setting aside the “No W.S.order”. If such an application is made, learned trial Judge shall hear the parties and pass appropriate orders in accordance with law. 2 7. First appeal stands disposed of in the aforesaid terms, with no order as to costs. 8. In view of disposal of first appeal, no orders are necessary in the Civil Application Nos.4946/2009 & 4947/2009, and the same stand disposed of. (R.G.KETKAR, J.)