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 APPLICATION NO. 86 OF 2008 CIVIL APPLICATION NO. 86 OF 2008 CIVIL APPLICATION NO. 86 OF 2008 IN IN IN LETTERS PATENT APPEAL NO. 80 OF 2008 LETTERS PATENT APPEAL NO. 80 OF 2008 LETTERS PATENT APPEAL NO. 80 OF 2008 IN IN IN WRIT PETITION NO. 2200 OF 2008 WRIT PETITION NO. 2200 OF 2008 WRIT PETITION NO. 2200 OF 2008 Swargiya Shyamrao Patil Yadravkar ...Applicant/ Appellant (Orig.Respondent No.2) V/s. Bubnal Gram Vikas Seva Sanstha Mydt.Bubnal & Ors. ...Respondents (Nos.1 & 2 Orig.Petitioners No.3 to 5 Orig.Respondents - 1, 3 & 4) Shri Y.S. Jahagirdar, Senior Advocate i/b. Shri T.S. Ingale for the Appellant. Dr.V.K. Chowdhari for Respondent Nos.1 & 2. Shri R.P. Rehere, Additional Government Pleader for Respondent Nos.3 to 5. CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND V.M. KANADE, J. V.M. KANADE, J. V.M. KANADE, J. DATED : APRIL 29, 2008 DATED : APRIL 29, 2008 DATED : APRIL 29, 2008 P.C. :- P.C. :- P.C. :- 1. The challenge in the present appeal is to the order dated 1st April, 2008 passed by the learned Single Judge while issuing Rule and passing an interim order. 2. While impugning the said order in the present petition, one of the grounds raised by the appellant is that they were not given hearing by the learned Single - 2 - Judge. 3. Learned Counsel for the respondents, however, without prejudice to his rights and contentions and without admitting the correctness of fact, states that they would have no objection if the order is set aside and they are heard by the learned Single Judge and the order is passed, in accordance with law. 4. In view of the stand taken by the respondents, we set aside the order dated 1st April, 2008 and remand the matter to the learned Single Judge for determination afresh after hearing the appellant before this Court and giving them opportunity to file reply. 5. Matter be listed in the next week on 6th May, 2008. 6. Application is, accordingly, disposed of. CHIEF JUSTICE CHIEF JUSTICE CHIEF JUSTICE - 3 - V.M. KANADE, J. V.M. KANADE, J. V.M. KANADE, J.