Judgment

Markandey Katju, J. —

1.Leave granted.

2.This appeal has been filed against the impugned Judgment of the Division Bench of the Bombay High Court dated 01.9.2006 in Appeal No. 581 of 2006 which was filed against the Judgment of a learned Single Judge dated 10.7.2006 in Writ Petition No. 1753 of 2006.

3.Heard learned counsel for the parties and perused the record.

4.Before we deal with the facts of the case we may mention with due respect that the Judgment of the learned Division Bench of the High Court is very cryptic. The entire Judgment is as follows :

“We heard Mr. Shekhar Shetye, the counsel for appellant Society.

The consideration of the matter by the learned Single Judge regarding withdrawal of the Notice under Section 354A of the Bombay Municipal Corporation Act cannot be said to suffer from any legal infirmity.

We are informed that dispute between petitioner and respondent No. 2 is already going on in appropriate forum. Obviously, the rights of the parties shall be decided in that dispute.

Appeal is dismissed in limine”

5.A perusal of the said Judgment shows that even the facts of the case are not mentioned therein. In our opinion, when a Judgment is written, the learned Judg