1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR FIRST APPEAL NO.34 OF 2010 APPELLANT: Dr.Sao Swapna Abhijeet Rashingkar VERSUS RESPONDENTS: Smt. Snehalata Suresh Chimite & others =================================================== Shri A.C.Dharmadhikari, advocate for appellant Shri S.V. Sirpurkar, advocate for respondent no.1 Shri Anjan De, advocate for respondent no.2 & 3 Shri Anand Parchure, advocate for respondent no.4 & 5 =================================================== CORAM: SMT. VASANTI A. NAIK, J. DATE: 17.3.2010 ORDER Heard learned counsel for the parties. 2] Learned counsel for the parties have filed a joint pursis bearing Stamp No.3305/2010. 3] It appears that by the present first appeal the appellant has challenged the judgment and order passed by the trial court on 7.1.2010, rejecting the application filed by the plaintiff under order 39 rule 1 and 2 r/w 151 of C.P.C. It appears that by an order dated 2 7.1.2010, the trial court while deciding the application under order 39 rule 1 and 2 r/w 151 of C.P.C., rejected the plaint filed by the plaintiff by invoking the provisions of order 7 rule 11 of C.P.C. 4] When the matter was taken up for hearing on 15.3.2010, the learned counsel for the parties stated that they had no objection if the impugned order is quashed and the matter was remanded to the trial court to decide the civil suit expeditiously within stipulated time and hearing the parties on all the issues including the issue of jurisdiction. 5] The learned counsel for the parties have signed the joint pursis dated 17.3.2010. In the facts and circumstances of the case, the appeal is disposed of in terms of pursis by quashing and setting aside the impugned order dated 7.1.2010. The trial court is directed to decide the Special Civil Suit No.304/2009 as expeditiously as possible and in any case within a period of six months from the date of receipt of this order excluding the period of Summer Vacation of 2010. The order of status- quo granted by this court by order dated 22.1.2010 shall continue till the Special Civil Suit No.304/2009 is finally decided by the trial court. The appeal is disposed of in the aforesaid terms with no order as to costs. JUDGE SMP.