IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.779 OF 2007 IN WRIT PETITION NO.2785 OF 2006 Malad Unique Classic Co-op. Hsg. Soc. Ltd. & Ors ..... Appellants V/s. The Municipal Corporation of Greater Mumbai & Ors. ..... Respondents Mr.Prashant P. Chavan i/b Mr.D.J.Chafe, for the Appellants. Mr.A.Y.Salchare, Sr.Advocate i/b S.M.Mudle, for Respondent Nos.1 to 4. Mr.Birendra Saraf with Mr.Sandip Bhimekar i/b Wadia Gandy & Co. for Respondent Nos.5 & 6. CORAM : R.M.S.KHANDEPARKAR & P.B.MAJMUDAR, JJ. DATED : JUNE 24, 2008. P.C. 1. The learned Counsels appearing in the matter on instructions, agree that the impugned order needs to be set aside and the matter remanded to the learned Single Judge to consider the petition afresh, while allowing all the parties to place on record whatever further material they would like to place before the Court. In this view of the matter, by consent the appeal is admitted. By consent the impugned Judgment & Order is hereby set aside and the matter is remanded to decide the Writ Petition afresh after hearing the parties and after giving opportunities to the parties to place on record whatever further material they want to place. 2. The respondents to file affidavit in reply to the petition before the 2 learned Single Judge within a period of four weeks from today and within a period of three weeks thereafter, the petitioner to file rejoinder, if any. 3. With this observation, the appeal is disposed of. Needless to say that this Court has not expressed any opinion on any points sought to be raised in the matter and all issues are kept open. We request the learned Single Judge to dispose of the petition finally at the admission stage itself. ( P.B.MAJMUDAR, J.) ( R.M.S.KHANDEPARKAR, J.)