1 wp9436.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 9436 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. A.M. Dabir with M.P. Harjule, Advocate for the petitioners. Mr. P.M. Shah, Sr. Counsel with Mr. P.S. Shendurnikar, Advocate for respondents. 1. Heard Advocate Mr. A.M. Dabir with Mr. M.P. Harjule for petitioners-tenants and Senior Counsel Mr. Shah with Advocate Mr. Shendurnikar for respondents- plaintiffs. 2. After hearing the respective Counsel, it was felt that entire evidence looked into by the trial Court has not been appreciated by the appellate Court. 3. Senior Counsel Mr. Shah contends that instead of keeping the matter pending here, it may be sent back so that the appellate Court after conducting fresh hearing decide the same. Advocate Mr. Dabir has no objection to 2 wp9436.10 it. 4. Accordingly, the impugned judgment dated 20.02.2010 delivered by the District Judge-2 in Regular Civil Appeal No. 86 of 2006 is quashed and set aside. Proceedings in that appeal are restored back to the file of District Judge-2 who shall attempt to decide the same in accordance with law as early as possible and in any case within a period of six months after parties appear before it. 5. The parties are directed to appear before the appellate Court on 18th April, 2011 and abide by further instructions in the matter. Rule made absolute accordingly. No costs. (B.P. DHARMADHIKARI) JUDGE. 24.03.2011 gas/wp9436.10