1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO.328 OF 2009 IN WRIT PETITION NO.789 OF 2009 . Arun M. Naik & Anr. ..Petitioners/ Org. Respdt.Nos.5 & 6. vs. K. Sudhakar & Ors. ..Respondents/ Org. Petnrs.Nos.4 to 7/ Org. Respdt. Nos.1 to 4. .... Mr. N.N. Bhadrashete, i/b. K.M. John, for Org. Petitioners/ Respondent Nos. 1, 2 & 3. Mr. Pradeep Jadhav, AGP, for Org. Respondent Nos. 1 to 4/ Respondent Nos.4 to 7. Mr. A.M. Naik, Org. Respondent No.5/Petitioner, in person. Mrs. A.S. Naik, Org. Respondent No.6/Petitioner, in person. .... CORAM : S.J.KATHAWALLA, J. DATE : 3RD AUGUST 2009. P.C. This notice of motion is taken out by the petitioners for setting aside the order passed by this Court dated 17 th June 2009 admitting writ petition no.789 of 2009, and the stay granted by this Court. 2. It is the case of the petitioners that on 17 th June 2009 when the writ petition was admitted and the order dated 16 th April 2 2009 passed by the Divisional Joint Registrar was stayed, the petitioner could not remain present since the petitioner no.1 was suffering from acute Vertigo. 3. In view thereof, notice of motion is made absolute in terms of prayer clause (a). 4. Writ petition no.789 of 2009 is taken up for admission and by consent of the parties, is disposed of by the following order :- (i) The order dated 16 th April 2009 passed by the Divisional Joint Registrar is set aside. The matter is remanded back to the Divisional Joint Registrar to hear the same afresh and pass a reasoned order within 6 weeks from today. (ii) Parties shall appear before the Divisional Joint Registrar on 10 th August 2009 at 11.00 a.m. If any of the parties are desirous of being heard by the Divisional Joint Registrar, the Divisional Joint Registrar shall hear them before passing fresh orders in the matter. Notice of motion as well as writ petition stands disposed of. [ S.J.KATHAWALLA, J. ]