1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2365 OF 2008 Shreeram Ramkishor Pal ........Appellant versus The State of Maharashtra & ors........ Respondents. Mr. R.A. Thorat i/b.M.R. Yadav adv. for the Appellant Mr. S.N. Gawade AGP for the respondent no.1 Mr. J. J. Xavier for BMC. CORAM: A. P. DESHPANDE, J. DATED : 28th JANUARY, 2009. P.C.: 1. By consent of parties, the appeal is taken up for final disposal. The contesting party i.e. the appellant and the respondent no.2 Corporation are agreeable for passing an order on concession thereby setting aside and quashing the impugned order passed by the City Civil Court. The learned counsel for the appellant and the respondent no.2 fairly submits that no reasons need to be recorded while remanding the matter for re-trial. The necessity for retrial is on account of failure on the part of the respondent no.2 to file written statement and lead evidence whereas the appellant as well has not led proper evidence to substantiate the fact as claimed by him that the construction/structure in question was prior to the year 1995. 2 Barring exhibit 6, there is no other document on record of the trial court which would indicate that the structure is old one. In this factual background with a view to afford an opportunity to both the sides, to contest the issue, by consent of the learned counsel, the impugned order under challenge in this appeal is quashed and set aside and the matter is remanded to the City Civil Court for a denovo trial. 2. The respondent is permitted to file written statement before the trial court within a period of six weeks from today and consequent upon filing of the written statement by respondent no2, liberty to the appellant to file consequential amendment. It is made clear that the appellant so also the respondent shall be entitled to lead evidence/additional evidence before the trial court and after considering the evidence on record so led by the parties the court shall decide the suit in acordance with the law. Statusquo as of today to continue till the disposal of the suit. The trial court shall make an endeavour to decide the suit as expeditiously as possible and preferably within a period of six months from today. No order as to costs. (A. P. DESHPANDE, J.)