( 1 ) sa286.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 286 OF 2011 WITH CIVIL APPLICATION NO. 7214 OF 2011 Baliram Ramji Chaudhari .. Appellant Versus Anil Raghunath Chaudhari & Ors. .. Respondents Mr. B.R. Kedar, Advocate for the appellant. Mr. A.G. Dalal h/f. Mr. Rahul Dhase, Advocate for the respondents. CORAM : A.V. NIRGUDE, J. DATED : 27.07.2011 P.C. :- 1. By consent, following order is passed :- (i) The Second Appeal is allowed. (ii) The judgments and decrees passed by the Courts below are set aside. The Civil Suit is remanded to the Trial Court, where the original defendant No.2 shall file written statement on first day of appearance and thereafter the learned Judge of the Trial Court shall issue notices to the remaining defendants and thereafter shall make efforts to dispose of the suit as early as possible and within one year. ( 2 ) sa286.11 (iii) The parties shall appear before the Court without expecting notice on 10.08.2011, on which day the defendant No.2 shall file written statement on record. (iv) The appellant/original defendant No.2 shall pay respondent No.1/original plaintiff costs of Rs. 5000/- (Rupees Five Thousand Only). Such costs shall be deposited in the Trial Court on or before 10.08.2011. In case of failure to pay costs within stipulated time, the appeal shall stand dismissed. 2. The Second Appeal accordingly stands disposed of. 3. In view of disposal of the Second Appeal, Civil Application for stay does not survive and stands disposed of. 4. Parties to act on authenticated copy of this order. [A.V. NIRGUDE, J.] snk/2011/JUL11/sa286.11