1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.430 OF 2006 IN NOTICE OF MOTION NO.3407 OF 2003 IN SUIT NO.856 OF 1988 ... Mr.Cletus S/o.Joseph Peter Gonsalves ... Appellant V/s. 1.Gabriel Apartment Co-op.Hsg. Society Limited and 9 ors. ... Respondents. ... Mr.Cletus Gonsalves, the Appellant -in- person. Mr.M.Janardhanan for the Respondent No.1. ... CORAM: D.K.DESHMUKH & V.R.KINGAONKAR,JJ DATED: 1st April, 2010 P.C.: By consent of the Appellant, who appears in person and the learned Counsel appearing for 2 the Applicant in Notice of Motion No.3407 of 2003, who is Respondent No.1 in the Appeal, the order dated 2nd March, 2006 is set aside and the Notice of Motion No.3407 of 2003 is remitted back to the learned single Judge for denovo consideration and decision in accordance with law. Appeal disposed of. (D.K.DESHMUKH, J.) (V.R.KINGAONKAR,J.)