1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.265 OF 2004 IN NOTICE OF MOTION NO.1086 OF 2002 IN SUIT NO.334 OF 1982 1.Kasamali Sulaiman Moosani & anr. ...Appellants vs. 1.Gaurang Vinodchandra Merchant and others. ...Respondents --- Mr.M.M.Vashi, for Appellants. Mr.C.M.Korde, Sr. Advocate with Girish Kulkarni i/b. Mr.Shiralkar & Co., for Respondents. AND APPEAL NO.294 OF 2004 IN NOTICE OF MOTION NO.1086 OF 2002 IN SUIT NO.334 OF 1982 1.Gaurang Vinodchandra Merchant and others. ...Appellants vs. 2 1.Madhliso & Co. & others. ...Respondents --- Mr.C.M.Korde, Sr. Advocate with Girish Kulkarni i/b. Mr.Shiralkar & Co., for Appellants. Mr.M.M.Vashi, for Respondents. CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 2nd March,2009. P.C.:- By consent of parties, both the appeals are disposed of in the following terms:- 1. The decree dated 18.12.2001 passed by the learned Single Judge of this Court in Suit no.334 of 1982 is set aside. That suit is remitted back to the learned Single Judge dealing with the matters for hearing and disposal in accordance with law. 2. The written statement tendered by defendant 3 nos.4 and 5 is taken on record subject to payment of Rs.5000/- as and by way of cost to the plaintiffs. 3. So far as the order dated 18.12.2001 made under Order 22 Rule 4 Sub-rule 4 of Civil Procedure Code is concerned, the validity of the order is not decided. Defendant nos. 4 and 5, however, shall be at liberty to adopt the remedy that may be available to them under the law against that order. Both the appeals are disposed of. (D.K.DESHMUKH, J.) (A.A.SAYED,J.) ---