-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 301 OF 2002 WITH NOTICE OF MOTION NO. 827 OF 2002 IN NOTICE OF MOTION NO. 2327 OF 2000 IN SIT NO. 3323 OF 2000 Ratna Rupal Co-op. Housing Soc. Ltd. ... Appellants vs. Rupal Builders and others ...Respondents Mr. A.C. Singh, instructed by Shri Sunil Nair for the appellants. Mr. Kevik Setalwad with Mr. Dinesh Shah, instructed by M/s. Vimla & Co., for respondents. CORAM: P.B. MAJMUDAR & ANOOP V. MOHTA, JJ. DATE: SEPTEMBER 21, 2010. P.C. This appeal is directed against the order dated 27th February, 2002, passed by the learned single Judge in Notice of Motion No. 2327 of 2000 by which the learned single Judge has vacated the ad-interim relief granted on 18th August, 2000, by holding that the plaintiff has failed to prove any prima facie case. During the pendency of this appeal, by an order dated April 1, 2002, a Division Bench of this Court continued the ad-interim relief granted on 18th August, 2000 till further orders. By virtue of the said order, the respondent- developer is restrained from developing the property. The learned counsel for -2- the appellant submits that the learned single Judge has placed heavy reliance on the fact that the agreement in question is not registered and, therefore, no relief can be given. The learned single Judge has not decided other points. It is pointed out by both the learned counsel that it is not necessary to give any reasons while deciding this appeal as the order of the learned single Judge can be set aside and the matter be sent to the learned single Judge for deciding all the issues which were pressed into service at the time of hearing of the Notice of Motion. Since there is a consensus prevailing between the parties, we are not giving any reasons. 2. The Appeal is accordingly allowed by remanding the Notice of Motion No. 2327 of 2000 for hearing. The learned single Judge may decide the Notice of Motion afresh on all points including the points raised earlier before the learned single Judge. The learned single Judge is requested to dispose of the Notice of Motion, preferably within a period of three months from today. The interim relief granted by this Court on 1st April, 2002 while admitting the Appeal shall continue to operate till the disposal of the Notice of Motion. The learned single Judge may also take into consideration whether the entire suit can be disposed of within a period of three months. It is for the learned single Judge to decide whether the whole suit can be disposed of within three months. However, if it is not possible to decide the whole suit, then Notice of Motion No. 2327 of 2000 may be decided within a period of three months. As stated -3- above, till such time, the ad-interim relief granted by the learned single Judge on 18th August, 2000 shall continue to operate. 3. The Appeal and the Notice of Motion are accordingly disposed of. P. B. MAJMUDAR, J. ANOOP V. MOHTA, J.