=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.465 NO.465 NO.465 OF 2008 OF 2008 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF OF OF MOTION NO.811 OF 2006 MOTION NO.811 OF 2006 MOTION NO.811 OF 2006 IN IN IN SUIT SUIT SUIT NO.771 NO.771 NO.771 OF 2006 OF 2006 OF 2006 Mehruniss Saiyeed Shahjahan ...Appellant v/s Irshad Ahmed Haji Iqbal Khan ...Respondent Mr V. Mishra for Appellant. Mr V.R. Tripathi for Respondent. CORAM CORAM CORAM : : : D.K. DESHMUKH AND R.S. MOHITE JJ. D.K. DESHMUKH AND R.S. MOHITE JJ. D.K. DESHMUKH AND R.S. MOHITE JJ. DATE DATE DATE : 2ND MAY 2009 2ND MAY 2009 2ND MAY 2009 =2= P.C. :- 1. Admit. Heard finally by consent of the parties. 2. By consent of the parties, the order dated 5th September 2008 is set aside. Notice of motion No.811 of 2006 is remitted back to the learned Single Judge for hearing and decision in accordance with law. Appeal is disposed off. It is clarified that the ad-interim order which was operating will continue to operate till the motion is finally decided. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( R.S. MOHITE J.)