: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.1016 OF 2008 WITH CIVIL APPLICATION NO.1238 OF 2008 IN L.C.SUIT NO.1065 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.Shailesh Shah with Mr.Kunal Cheema for the Appellants. Mr.Satish Komal for Respondent Nos.1 and 2. CORAM : S.J. VAZIFDAR, J. DATED : 6TH OCTOBER, 2008. P.C. : 1. Admit and heard finally. 2. The impugned order was passed without any application. In fact on oral application made by the Plaintiffs / Respondent Nos.1 and 2, the learned Judge by a order dated 27.6.2008 directed them to take out a Notice of Motion or appropriate proceeding. Despite the same : 2 : by the impugned order this time the relief was granted again only on an oral application which ought not to have been done. 3. In the circumstances, the impugned order is set-aside. Respondent Nos.1 and 2 will be at liberty to apply for the said reliefs in accordance with law by taking out an appropriate application. The impugned order however shall continue till 14.10.2008 without prejudice to all the rights and contentions of the parties. 4. The Appeal from Order is accordingly disposed of. The Civil Application also stands disposed of.