IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.923 OF 2010 Parasmal Ganeshmal. ..Petitioner. Vs. Smt. Sushila G.Reddy and ors. ..Respondents. Mr. R.O. Pathale, Advocate for the Petitioner. Mr. R.D.Soni, Advocate with Mr. B.S.Nayak, Advocate i/by Ram & Co. for the Respondent Nos. 1 to 9. CORAM : A.S.OKA, J. DATE : 1st October, 2010. P.C. :- 1 The learned counsel appearing for the respondent Nos. 1 to 9 states that instead of keeping the petition pending in this court for final hearing, by setting aside the Judgment and Order dated 12th October, 2009, the appeal be remanded to Appellate Bench of the Court of Small Causes for fresh hearing. The said request is reasonable and deserves to be accepted. Hence, petition is disposed of by passing the following order. ORDER a) The impugned Judgment and Order dated 12th October, 2009 is quashed and set aside and the Appeal No.118 of 2003 is restored to the file. b) The parties are directed to appear before the Appellate Court on Monday 25th October, 2010 at 11.00 a.m.. c) The petitioner to carry out the amendment in terms of order dated 16th December, 2008 in Notice No.342 of 2005 on or before 29th October, 2010. If the amendment is not carried out, appeal will stand dismissed for non prosecution without further reference to the court. d) The Appellate Court to decide the appeal afresh as expeditiously as possible and preferably on or before 31st January, 2010. e) All the contentions of the parties are kept open. JUDGE IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2161 OF 2010 IN WRIT PETITION NO.923 OF 2010 Parasmal Ganeshmal. ..Applicant. Vs. Smt. Sushila G.Reddy and ors. ..Respondents. Mr. R.O. Pathale, Advocate for the Appellant. Mr. R.D.Soni, Advocate with Mr. B.S.Nayak, Advocate i/by Ram & Co. for the Respondent Nos. 1 to 9. CORAM : A.S.OKA, J. DATE : 1st October, 2010. P.C. :- 1 In view of the consent order passed in the aforesaid writ petition, it is not necessary to deal with this application and the same is disposed of. Judge