mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6961 of 2003 Shri Premji Ranchhod & ors. .. Petitioners versus Shri Narshi Bhimji Parmar & ors. .. Respondents ... Ms.Apurva Parikh with C.R. Sonawane for the petitioners. Mr.G.K. Vora for respondent nos.1, 6 and 7. CORAM : A.M.KHANWILKAR, J DATED : 28th July 2008 P.C.: 1. Both sides agree that in view of the recent Full Bench judgement, the impugned order will have to be set aside and the parties relegated before the Small Causes Court and the appeal to proceed on its own merits. 2. Accordingly, this petition is allowed. Impugned judgement and order is set aside. Appeal no.68 of 1998 is restored to the file of Small Causes Court at Bandra Mumbai, to be proceeded on its own merits in accordance with law. The appellate court shall dispose of the appeal expeditiously. 2. It will be open to the parties to apply to the appellate court for giving fixed date of hearing, if so advised. That application be considered by the appellate court on its own merits. (A.M.KHANWILKAR, J)