1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.5804 OF 2009 Mohammed Adil Attarwala ...Petitioner vs. Madhavlal N.Pittie & Ors. ...Respondents Mr.P.J.Thorat h/f Mr.R.A.Thorat for the petitioner Mr.A.V.Anturkar i/b M/s.D.J.Kamdin & Co.for respondents CORAM :A.S.OKA,J. DATE : SEPTEMBER 29, 2009 P.C. 1 Heard the learned counsel for the petitioner and the learned counsel for the first respondent. One of the contentions raised in the petition is that the revision application was not maintainable before the Appeallate Bench of the Court of Small Causes. 2 The learned counsel for the first respondent on instructions states that as the issue of maintainability is raised, without going into merits, the first respondent may be permitted to withdraw the revision application with liberty to challenge the order impunged dated 8 th April 2008 by filing appropriate proceedings in this court. 3 Hence, the petition is disposed of by passing the following order : 2 i) Impugned Judgment and order dated 16 th June 2009 is quashed and set aside. Revision application no.107 of 2008 is dismissed as withdrawn. ii)It will be open for the first respondent to challenge the order dated 8 th April 2008 passed by the Court of Small Causes by filing appropriate proceedings. iii)All contentions of the parties on merits in that behalf are kept open. iv)Writ petition is disposed of in above terms. JUDGE