SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2576 OF 1995 Shripati Shahaji Gaikwad, since dead, through his heirs & legal representatives : 1A.Vatsala Shripati Gaikwad & Ors. ...Petitioners Versus Haibati Shankar Gavali & Ors. ...Respondents ...... Mr.R.S.Khadapkar i/b Mr.R.G.Ketkar for Petitioners. Mr.S.B.Kurne i/b Mr.Umesh Mankapure for Respondents 1,2 & 5. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. AUGUST 14, 2008. AUGUST 14, 2008. AUGUST 14, 2008. P.C. P.C. P.C. 1. Counsel for the Respondents submits that instead of keeping this Petition pending in this Court, the contesting Respondents have no objection if the impugned order is set-aside and instead, the appeal pending before the Appellate Court being Regular Civil Appeal No.419 of 1994 is ordered to be decided expeditiously. 2. In the meantime, the interim arrangement ordered by this Court on 28th June 1995 shall continue till further orders to be passed by the competent Court. : 2 : 3. Accordingly, this Petition is allowed. Impugned Judgment and Order is set-aside without recording reasons as requested by the Counsel appearing for the parties. 4. The Appellate Court is directed to expeditiously dispose of regular Civil Appeal No.419 of 1994 preferably by end of March 2009. The Appeal shall be decided uninfluenced by the observations made in the impugned order or for that matter the present order which has been passed without prejudice to the rights and contentions of the respective parties. All contentions in Appeal are left open. No order as to costs. 5. As aforesaid, interim arrangement ordered earlier, to continue till the disposal of the appeal or till such other order passed by the competent Court. A.M.KHANWILKAR, J.