1 cra246.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL REVISION APPLICATION NO.246 OF 2009 Sudhakar Haribhau Gondhale & Ors. ...Applicants vs. Sharad Rajaram Gandham ...Respondent Mr.Sugandh Deshmukh for the applicants Mr.Sanjay Kshirsagar for the respondent CORAM :A.S.OKA,J. DATE : OCTOBER 21, 2010 P.C. 1 After the revision application was argued for some time, on the ground that the Judgment of the Appellate Court is cryptic and no proper reasons are assigned, the parties agree that by setting aside the impugned Judgment and decree, the appeal be ordered to be heard afresh. Undertakings dated 18th October 2010 filed by the applicants have been already taken on record of the civil revision application. The undertakings are marked `X (collectively) for identification. The learned counsel for the revision applicants on instructions of the revision applicants states that the said undertakings will continue to operate till the District Court finally decides the appeal. 2 Hence, the revision application is disposed of by passing the following order : i) Impugned Judgment and decree is quashed and set aside and Civil Appeal no.694 of 2006 is restored to the file of the District Court. 2 cra246.sxw ii)The parties are directed to appear before the Appellate Court on Monday 29th November 2010 for fixing the schedule of hearing. iii)The Appellate Court shall decide the appeal afresh and as expeditiously as possible and preferably before the end of April 2011 iv)It is made clear that all contentions of the parties are kept open and the impugned Judgment and Decree is not set aside on merits. v) The undertakings of the applicants marked `X (collectively) are accepted. The statement made by the learned counsel for the applicants on instructions that the undertakings will continue to bind the applicants till the disposal of the appeal is accepted. vi)The applicants shall scrupulously comply with the undertakings during the pendency of the appeal. vii)There will be no order as to costs. viii)The Appellate Court to act upon an authenticated copy of this order. JUDGE