IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1817 OF 2007 Mahesh Jayantilal Vora ..... ...... ......Petitioner V/s The State of Maharashtra & Ors. ..... ...........Respondents. Mr.I.A.Bagaria, Adv. For the petitioner. Ms.Nisha Parmar i/by Mr.Tushar Goradia & Bhavik Manek Adv. For the respondent Nos. 2 to 8. Mr.P.A.Pol, APP for the State. CORAM: A.P.DESHPANDE, J. 18/1/08 PC: By this criminal writ petition the petitioner takes exception to an order dated 19.9.07 passed by the Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai, whereby the property in question has been ordered to be returned to the applicant Nos. 1 to 7 who are respondent Nos. 2 to 8 in the present writ petition. The grievance of the petitioner is that the impugned order has been passed without affording proper opportunity of hearing to the petitioner. The parties to this petition viz. Petitioner and respondent Nos. 2 to 8 have filed minutes of consent order. Parties agree that the impugned order be quashed and set aside and the matter be remanded to the trial Court for affording an opportunity to all concerned and for a decision afresh. Perused the 1 minutes of consent order filed on 17.12.07. Same are taken on record and marked `X' for identification. In this view of the matter impugned order is quashed and set aside. The application moved by present respondent Nos. 2 to 8 (applicants 1 to 7) bearing Notice No.79/N/07 shall stand restored to file and the trial Court shall decide the same after hearing the parties afresh in accordance with law. Parties undertake to appear before the trial Court on 11.2.08. Writ petition stands disposed of. C.C. Expedited. 18.1.08 2