1 902wp9717-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION WRIT PETITION NO. 9717 OF 2011 Rita Alias Ritu Kamaljeet Rajpal .. Petitioner V/s. Chitra Pradeep Chhabra & Anr. .. Respondents ..... Mr. Birendra Saraf with Mr. R. P. Carualho & Ms. Jai Chhabria i/b. M/s. Federal & Rashmikant for the petitioner. Mr. Jayesh Bhatt for respondent No.1. ..... CORAM : A.S.OKA, J. DATE : DECEMBER 15, 2011. P.C.: Heard the learned counsel appearing for the petitioner. The first submission by the learned counsel appearing for the petitioner is that the Revision Application before the Appeal Bench of the Court of Small Causes on which impugned order has been passed was not maintainable. 2. Effect of the impugned order is that by setting aside order passed of the trial Court on application at Exhibit-9 appointing the Court Commissioner, the Appeal Bench has directed the trial Court that the said prayer be considered afresh after giving an opportunity to the respondents to file a rely. It is held that the order of the trial Court was passed without giving an opportunity of being heard to the first respondent-first defendant. 2 902wp9717-11 3. There may be some merit in the contention that the Revision Application was not maintainable. However, the ultimate order passed by the Appeal Bench of the Small Cause Court is that the order appointing the Court Commissioner has been set aside and the application has been ordered to be considered afresh after giving an opportunity to the respondent No.1 to file reply to the said application. The petitioner has invoked power of superintendence of this Court under Article 227 of the Constitution of India. In exercise of power under Article 227, it is not necessary to interfere with every order of the Court subordinate to this Court on the ground that the same is illegal. Looking into the nature of the impugned order, this is not the fit case where jurisdiction under Article 227 of the Constitution of India can be exercised. The petition is rejected by keeping all contentions on merits open. (A.S.OKA, J.)