1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.872 OF 2009 IN NOTICE OF MOTION NO.4762 OF 2005 IN B.C.C.S.C.SUIT NO.5111 OF 2005 Mr.Hiraji Raja Patel ..Appellant V/s The Mumbai Metropolitan Region Development Authority ..Respondents ---- Ms.Sujata Dhanawade i/by Vinay J.Hegde for the appellant. Mr. K.S.Patil for the respondents. ---- Coram : R.S.MOHITE,J Date : 29th August, 2009. PC 1 Heard both sides. This is an appeal filed by the original plaintiff against the dismissal of his Notice of Motion vide an order passed by the trial Court on 20.8.2009. On perusing the order it is seen that though the Notice of Motion is finally dismissed, no reasons whatsoever had been given in the order, in the circumstances, appeal is admitted and by consent of parties heard for final disposal. The order dated 20.8.2009 is set aside and the matter is remanded to the City Civil Court for passing a proper reasoned order. Notice of Motion will appear on board of the City Civil Court on 7.9.2009. Both parties waive notice of the next date. A copy of the Notice of Motion is served upon the Advocate 2 for the respondents today but the Advocate for the appellant states that one more copy will be served upon the Advocate appearing for the respondents within 48 hours. The Notice of Motion will be re-considered for the purpose of granting ad-interim relief. Status-quo as of today to continue till 10.9.2009. (R.S.MOHITE,J) 3