-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO. 360 OF 2008 IN WRIT PETITION NO. 1099 OF 2008 Sou. Usha Panditrao Borse and others ).. Appellants Versus M/s Adishakti Developers and others ).. Respondents Mr G.S. Godbole i/b Mr Parag Shelke for the Appellants. Mr Milind More, AGP, for the State. Mr S.P. Kanuga for Respondent No.1. Mr B.G. Vaidya for Respondent No.6. CORAM: SWATANTER KUMAR, C. J. & A. P. DESHPANDE, J. DATE: 18TH JULY 2008. P.C. We have heard the learned Counsel appearing for the parties. The Appeal is directed against an order dated 5th May 2008 passed by the learned Single Judge. The order impugned in the present Appeal, opens with the following lines :- “Mr Kanuga states that the notice has been served on respondent nos. 3 to 5 by registered post A.D. But acknowledgement is awaited. .....” 2. After some arguments, the learned Counsel appearing for the -2- parties fairly state that the impugned order may be set aside and matter may be remanded to the board of the learned Single Judge for passing of an order afresh in accordance with law and after hearing all the parties including the Appellants. 3. On the suggestion of the learned Counsel appearing for the parties, the impugned order is set aside and the matter is remanded back to the learned Single Judge for disposal in accordance with law. 4. The Writ Petition be placed for directions on the board of the learned Single Judge on 5th August 2008. 5. Appeal disposed of accordingly. No order as to costs. CHIEF JUSTICE A. P. DESHPANDE, J.