1 AO-16-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 16 OF 2011 WITH CIVIL APPLICATION NO. 19 OF 2011 Subhash Chhagan @ Maruti Wagh & Ors. ... Appellants (Orig. defendants) vs. Smt. Jayshree Vikas Wagh & Ors. ... Respondents (Org. plaintiffs) Mr. Sagar Mane, i/b. N.V.Bandiwadekar,Advocate, for the appellants Mr. Anil Kumar,Advocate for the respondent Nos. 1 & 2. CORAM: J.H.BHATIA,J. DATE : 2nd August, 2011. P.C. 1. Heard the learned Counsel for the parties. 2. Defendant No.3 has executed a registered cancellation deed in respect of the sale deed of the suit property executed by the other defendants in his favour pending the suit in violation of the undertaking given before the trial Court. In view of this, the breach of undertaking given before the trial Court has been rectified. 2 AO-16-11.sxw 3. Therefore, with consent of the learned Counsel for the parties, the impugned order striking out the defence of the defendants/appellants in Special Civil Suit No.275 of 2002 is hereby set aside subject to costs of Rs.1500/- to be paid by the defendants/appellants to the plaintiffs/respondents. The cost to be paid/deposited before the trial Court. 4. As the Specil Civil Suit No.265/2002 is pending for last about 9 years, the learned Civil Judge, Senior Division,Nashik, shall expedite the hearing of the said suit and dispose of the same as early as possible, and in any case, within one year. 5. As the Appeal itself is finally disposed of, C.A. does not survive and stands disposed of accordingly. (J.H.BHATIA,J.)