IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.882 OF 2009 Mithu Chand Sayyed ...Petitioner V/s. Taimuriya Yusuf Palekar ...Respondent ...... Mr.Nitesh Bhutekar i/b Mr.Uday P.Warunjikar for Petitioner. Mr.S.M.Railkar for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. APRIL 3, 2009. APRIL 3, 2009. APRIL 3, 2009. P.C. 1. Heard Counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Mr.Railkar waives notice for Respondent. 3. As short question is involved, Petition is taken up for final disposal forthwith, by consent. 4. This Writ Petition under Article 227 of : 2 : the Constitution of India takes exception to the Judgment and Order passed by the Adhoc District Judge, Karad dated 28th November 2007 in Misc. Civil Appeal No.85/2007, which in turn, confirms the order passed by the Joint Civil Judge, Junior Division, Karad dated 19th September 2007 below Exhibit-5 in R.C.S. No.218 of 2007. 5. For the nature of order that I propose to pass, it is not necessary to refer to all the facts and events that have led to the filing of the present Petition. Suffice it to observe that the limited grievance on the basis of which, I am inclined to set-aside the impugned order and relegate the parties before the Appellate Court for reconsideration of the Appeal on its own merits is that the Petitioner had specifically referred to certain documents on the basis of which the Petitioner claims to have become owner in respect of the suit property. The Trial Court has adverted to those documents in Paragraph 9 of the Judgment. The Petitioner made specific grievance before the Appellate Court that the Trial Court has not considered the efficacy of those documents, though : 3 : adverted to. The Appellate Court, however, even after noticing the said documents have not analysed the same or recorded any finding as to the efficacy of the said documents and the reliefs thereof with regard to the stand taken by the Petitioner in the present proceedings. 6. In the circumstances, the appropriate course, to my mind, is to set-aside the impugned Judgment and Order and relegate the parties before the Appellate Court for reconsideration of the restored Misc.Civil Appeal to be decided on its own merits in accordance with law. All questions to be addressed in the said Appeal are left open, to be decided afresh on its own merits. 7. Parties shall appear before the Appellate Court on 27th April 2009, on which date, the Appellate Court may fix the appeal for hearing at a suitable date and ensure that the same is finally disposed of before 30th June 2009. Parties through Counsel assure to extend full cooperation to the Appellate Court for early disposal of the said Appeal. That assurance is accepted. : 4 : A.M.KHANWILKAR, J.