JUDGMENT : K.S. Jhaveri, J. Admit. With the consent of both the sides, the appeal is taken up for final hearing today itself. 1. This intra-Court Letters Patent Appeal has been filed challenging the order passed by the learned Single Judge in Civil Application No.2942/2009 dated 23.04.2009. 2. We have heard Mr. PC Chaudhari learned counsel for the appellant and Mr. GB Baghel learned counsel holding brief of Mr. HS Munshaw for the respondent. 3. In view of the Full Bench decision dated 25.08.2011, we are of the opinion that the matter is required to be considered by the learned Single Judge afresh. Accordingly, the order dated 23.04.2009 is quashed and set aside. We remand the matter to the learned Single Judge with a request to consider the same afresh. The appeal stands allowed to the above extent. Appeal allowed.