: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.10575 OF 2008 Sou. Krishnabai Narsayya Bollu ..Applicant. Vs. Apparao Laxman Sonawane & Ors. ..Respondents. Mr.Purshottam Chavan for the Applicant. Mr.G.S.Godbole for the Respondents. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 6TH MAY, 2008 DATED : 6TH MAY, 2008 DATED : 6TH MAY, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. The parties have agreed that the Civil Revision Application is disposed of with the following order:- i) The impugned order is set aside. The Applicant i.e. Defendant No.2 shall be permitted to file a written statement on or before 30.6.2008. ii) If the written statement is filed on or before 30.6.2008 the suit shall be heard on merits. If the written statement is not filed on or before 30.6.2008, this order : 2 : shall stand vacated and the impugned order shall stand revived. iii) During the pendency of the suit, it is agreed that the Applicant will permit the Plaintiffs to take possession of one room at the choice of the Plaintiffs. Possession shall be handed over within two weeks of the communication of the choice in writing by the Plaintiffs to Defendant No.2. iv) The Plaintiffs shall be permitted to occupy the said room without prejudice to the rights and contentions of the parties. Pending the suit, the Plaintiffs shall not dispose of, alienate, encumber, part with possession of, or create any third party rights in, to, upon or in respect of the said room. v) No contentions shall be raised by the Plaintiffs at the trial of the suit on merits on the basis of this arrangement. vi) It is apparent from this order that this is a workable arrangement that the parties have agreed to in consideration of the matter : 3 : being proceeded with on merits. The impugned order has been set aside only for this reason. vii) I have expressed no opinion. The impugned order is set aside only on condition that the Appellant will be entitled to contest the matter on merits. ***