1 LPAST 14626/10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION LETTERS PATENT APPEAL (ST.)NO. 14626 OF 2010 IN WRIT PETITION NO. 4377 OF 2010 The Ashiyana Tenants SRA Co-operative Housing Society Ltd. & Anr. .. Appellants Vs Fakir Mohm. Ali Hasan & Ors. .. Respondents -- Shri S.U. Kamdar i/by Dharam & Co. for the Appellants Shri G.S. Godbole with Shri A.D. Parab for Respondent Nos. 1 to 12. Shri A.Y. Sakhare, Sr. counsel along with Shri M.M. Malvankar for BMC for Respondent No.14. -- CORAM : MOHIT S. SHAH, CJ & S.C. DHARMADHIKARI, J DATE : 2ND JULY, 2010 P.C. . This appeal is directed against the order dated 10th June, 2010 by which the learned Single Judge issued rule on the petition and granted interim relief in terms of prayer clause (b). 2. Having heard learned counsel for the appellants, the learned counsel for the writ petitioners and learned counsel for the respondent No. 14/authority, in view of the consensus arrived at amongst the parties, we set aside the said order dated 10th June, 2010 and remit the matter back to the learned Single Judge for hearing the question of admission of the writ petition and grant or refusal of interim reliefs, but before doing so the 2 LPAST 14626/10 appellants shall be joined as party respondents to the writ petition. The appellants shall file affidavit-in-reply within a week from date before the learned Single Judge as stated by learned counsel for the appellants. Rejoinder, if any, shall be filed within one week thereafter. The learned Single Judge shall thereafter take up the writ petition for hearing and pass appropriate order in accordance with law within a period of four weeks from today. We record the statement coming from the learned counsel for the appellants as well as the authority- Respondent No.14 that for a period of four weeks from today, the writ petitioners will not be evicted from their dwelling units. 4. It is clarified that we have not gone into the merits of controversy which is subject matter of the writ petition. The learned Single Judge will be at liberty to proceed with the matter in accordance with law without being influenced by the fact that the order dated 10th June, 2010 is set aside. It will also be open to the learned Single Judge to pass such other and further orders including ad-interim/interim orders as may be warranted in the facts of the present case. 5. The Letters Patent Appeal is disposed of in the above terms. CHIEF JUSTICE 3 LPAST 14626/10 S.C.DHARMADHIKARI, J