-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 113 OF 2009 IN WRIT PETITION NO. 29 OF 2009 The President, Khairul Islam Higher Education ) Society's Maharashtra College and another ).. Appellants Versus Fateh Mohammed F.M. and others ).. Respondents Mr. K.N. Shah i/b Mr. A.S. Karwande for the Appellants. Mr. A.N. Maniyar for Respondent No.1. Ms. S. Sreedharan, Assistant Government Pleader, for the State. CORAM : SWATANTER KUMAR, C.J. & S.C. DHARMADHIKAR, J. DATED : 6TH APRIL 2009 P.C. The learned Counsel appearing for the parties, after some arguments, state that this Appeal can be disposed of by a Court order. The consented terms are : (a) The order dated 9th February 2009 passed by the learned Single Judge in Writ Petition No. 29 of 2009 impugned in the present Appeal be set aside. However, the order in the Writ Petition be that of -2- `Rule'. (b) Parties be given liberty to take out a Notice of Motion or pray before the learned Single Judge for grant of or decline of the interim order. 2. In view of the agreed terms, we set aside the order dated 9th February 2009 with liberty as afore-noticed to the parties. 3. Appeal disposed of accordingly. No order as to costs. CHIEF JUSTICE S.C. DHARMADHIKARI, J.