ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 3219 OF PETITION NO. 3219 OF PETITION NO. 3219 OF 2007 2007 2007 Chandrashekhar Arjun Pillai & Anr. ...Petitioners Vs. Sujata Shantaram Mistry ...Respondent. Mr.R.S.Datar for the petitioners. Mr. P.M.Mokashi for the respondent. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 25th July, 2007 : 25th July, 2007 : 25th July, 2007 P.C. P.C. P.C. 1. Considering the earlier order passed by this Court in Writ Petition No. 3212 of 2007, in this petition it is also necessary that the issue should be recasted as under:- . "Does the opponent proves that he has got independent right,title and interest in the flat in possession." 2. The impugned order dated 14th March, 2007 is accordingly quashed and set aside. The Court to proceed on the basis of above re-casted issue No.1 alongwith the other issues. The parties be heard. The petition is, therefore, allowed and is disposed off accordingly. 3. No costs. ( 2 ) (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)