1 55 wp.6784.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT PETITION NO. 6784 OF 2011 M/s. Superkino Equipments Pvt. Ltd and others. ... Petitioners Versus Samyak Realities Private Limited and others. ... Respondents ----- Mr. A.A.Kumbhakoni a/w Mr. S.Singh a/w Ms Pushpa Tiwari i/b SRS Legal for the Petitioners. Mr. P.K.Dhakephalkar, Senior Counsel, i/b M/s.Ashwinikumar and Company for Respondent No.1. ----- CORAM : A.S.OKA, J. DATE : 12 th December, 2011. P.C. 1 Heard the learned counsel appearing for the Petitioners as well as the learned senior counsel appearing the Respondent No.1. 2 The learned senior counsel appearing for the Respondent No.1 states that the revision application made before the Appeal Bench of the Court of Small Causes was not maintainable. He, therefore, states that by setting aside the impugned order, the Respondent No.1 may be permitted to withdraw the revision application with liberty to file an appropriate proceeding in this Court for challenging the impugned order passed by the learned Judge of the Court of Small Causes. 2 55 wp.6784.11 3 It is obvious that the revision application before the Appeal Bench of the Court of Small Causes was not maintainable and hence, the prayer made by the Respondent No.1 deserves to be accepted. 4 Hence, I pass the following order: i. The impugned judgment and order dated 7 th April, 2011 is quashed and set aside only on the ground that the revision application was not maintainable ; ii. The Respondent no.1 is permitted to withdraw the Revision Application No.33 of 2011 with liberty to file appropriate proceeding before this Court for challenging the order passed by the trial Court on application at Exhibit – 86 ; iii. The writ petition is allowed of on above terms ;and iv. All contentions of the parties on merits are kept open. [ A.S.OKA, J ]