-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5479 OF 2007 WRIT PETITION NO. 5479 OF 2007 WRIT PETITION NO. 5479 OF 2007 IN CHAMBER SUMMONS NO. 663 OF 2007 IN L.C.SUIT NO.4848 OF 2006 Shri Himmat Khara .. Petitioner. V/s. 1. Municipal Corporation of Gr.Bombay and others. .. Respondents. --- Mr. Girish S.Godbole i/by Yatin R.Shah for the Petitioner. Mr. Bhor for the Respondent Nos.1 & 2-Corporation. Mr. Yadunath Choudhari for the Respondent No.3. --- CORAM : S.C.DHARMADHIKARI,J. CORAM : S.C.DHARMADHIKARI,J. CORAM : S.C.DHARMADHIKARI,J. DATED : 21ST JANUARY, 2008. DATED : 21ST JANUARY, 2008. DATED : 21ST JANUARY, 2008. P.C. : P.C. : P.C. :- . The chamber summons No. 663 of 2007 upon which order has been passed and which is impugned before me, has been disposed of without adverting to the submissions of the petitioner that the applicant before the City Civil Court had no right, title and interest in the property. The observation that the applicant has some legal interest is made without adverting to any documents so also without considering the rival contentions. In these circumstances, I expressed a view that it would be just, fair and appropriate if the order -: 2 :- under challenge is set aside and the chamber summons is restored to the file of the trial court for disposal afresh in accordance with law. Both sides do not dispute this course of action. 2. The order under challenge is, therefore, set aside. The chamber summons No. 663 of 2007 is restored to the file of the City Civil Court at Bombay for disposal afresh in accordance with law. All contentions of both sides, including the maintainability of the same, are kept upon for being urged and they shall be dealt with without being influenced by any of the observations in the earlier order. 3. Petition is disposed of accordingly. (S.C.DHARMADHIKARI,J.) .....