IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 5991 OF 2008 WRIT PETITION NO. 5991 OF 2008 WRIT PETITION NO. 5991 OF 2008 Shri Ashok Krishnaji Chandgude and another. ... Petitioners. V/s. Shri A.I.S.Cheema, Principal District Judge, Pune and another. ... Respondents. A.Y.Sakhare, senior counsel with N.P.Deshpande for the petitioners. Vaibhav Joglekar with M.G.Gawde for the respondents. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 20th August 2008. DATED: 20th August 2008. DATED: 20th August 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the rival parties. Perused record. 2. During the course of hearing, both parties agree that without examining the merits or demerits of the impugned order dated 30th July, 2008 and dispensing with the reasons, the said order be set aside by consent of parties and the matter be remitted back to the Principal District Judge, Pune with direction to hear all the three persons before taking any decision since petitioners were not heard. The suggestion given is reasonable since no opportunity was given to the petitioners to put forth their view points. 3. In the result, by consent of parties, the impugned order dated 30th July, 2008 is set aside dispensing with the reasons in support thereof. Matter is remitted back to the Principal District Judge, Pune for hearing afresh. 4. Both parties are directed to appear before the Principal District Judge, Pune on 22nd August, 2008 at 11.00 a.m. so as to enable learned Principal District Judge to proceed with the hearing on that day or any other suitable day as may be fixed by him. 5. The Principal District Judge is expected to hear both parties and pass an appropriate reasoned order. All rival contentions are kept open. 6. Writ petition stands disposed of in terms of this order with no order as to costs. 7. All concerned to act on an authenticated copy of this order. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)