1 appl528.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO. 528 OF 2011 IN NOTICE OF MOTION NO. 2218 OF 2006 Raju Chunnilal Varma & Anr. ....Appellants. Vs. M/s. Devleela Developers & Anr. ...Respondents. Ms. Snehal Shah i/by M/s. Thakore Jariwala & Associates for the Appellants. Mr. Piyush Shah for the Respondents. CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 5 DECEMBER, 2011. P.C. :- Admit. 2 Heard finally by consent of the learned counsel appearing for the parties. 3 By consent of the learned counsel appearing for the parties, the order dated 5 January, 11 passed in Notice of Motion No. 2218 of 2 appl528.11.sxw ssm 2006 is set aside. That Motion is remitted back to the learned Single Judge for de-novo consideration and decision in accordance with law. It is clarified that during the pendency of the Motion, ad-interim order which was passed in the Motion by order dated 2 August 2006, will continue to operate. 4 Appeal is disposed of accordingly. There shall be no order as to costs. (ANOOP V. MOHTA, J.) (D.K.DESHMUKH, J.)