1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8603 OF 2011 Mr.Shivram Hari Bhamble ...Petitioner Versus Mr. Ratnoji Sakharam Upalkar ...Respondent Mr.S.M.Railkar for the Petitioner Mr. Jayant Gaikwad for the Respondent Nos.1 to 3 CORAM:- R.Y.GANOO, J. DATED:- 18th OCTOBER, 2011. P.C. 1. Learned Advocate Mr. Gaikwad waives service on behalf of the respondent nos.1 to 3, who are contesting respondents. By consent, petition is taken up for hearing. 2. It is seen that a pre-litigation application No.2 of 2011 was filed in the court of learned Civil Judge, Junior Division, Rajapur, where the present petitioner is the opponent party no.2. The matter was than referred to Pre-litigation Lok Adalat. The learned panel presiding 2 over the said Pre-Litigation Lok Adalat passed an order dated 18.9.2011. The said order is at page 59 of this petition. Learned Advocate for the petitioner made a grievance that this order dated 18.9.2011 is passed without hearing the petitioner. In my view, this ground itself is sufficient to set aside the order dated 18.9.2011. In view of this, appropriate order will have to be passed so far as order dated 18.9.2011. 3. Now that the order dated 18.9.2011 is set aside, if any of the party is interested in raising a dispute sought to be put up by the Pre-litigation Application No.2 of 2011 before the Pre-litigation Lok Adalat, the said party may request to the concerned court for taking up the matter afresh before the Pre-Litigation Lok Adalat. At that time, the said panel will hear all the concerned parties before arriving at any conclusion. If any of the party is interested in instituting a suit, said party is free to do so and whatever events which have transpired uptil now or upto the date of filing of the suit shall not be made use of by any of the party and whatever admissions which are made in the pre litigation proceeding shall not be used by any party. 4. With the aforesaid observations, the petition stands disposed of by 3 passing following order ORDER i. Order dated 18.9.2011 passed by the panel member of the Pre- Litigation Lok Adalat below Pre Litigation Application No.2 of 2011 is set aside. ii. The petition is disposed of with aforesaid clarifications with no order as to costs. (R.Y.GANOO, J.)