KBP 1 wp7168-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.7168 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.R.M.Haridas, for petitioners. Mr.Mohanish Choudhari i/b.Mr.M/s.Divya Shah, for respondent no.1. CORAM : A.S.OKA, J. DATE : 13 th December, 2010 P.C. Heard learned counsel for the petitioners and learned counsel for the first respondent. Notice for final disposal has been already issued. 2] The petitioners are plaintiffs. The petitioners made an application for amendment of plaint. Learned Judge of the Court of Small Causes allowed the said application. The first respondent herein who is the original second respondent challenged the said order by filing a Revision Application purportedly under Section 34 of the Maharashtra Rent Control Act, 1999. Revision Application has been allowed by the impugned order. 3] In view of the law laid down in the case of “Laheribai J. Trivedi (since deceased) Babubhai J. Trivedi and others Vs. Dharamdatta Vs. Trivedi and others [2010 (1)Mh.L.J. 597], the Revision Application filed before the appeal bench of the Court of Small KBP 2 wp7168-10.sxw Causes was not maintenable as the same was filed against a procedural order. Hence, the impugned order will have to be quashed and set aside only on the ground that the Revision Application was not maintenable. 4] Hence, I pass the following order:- (i) Rule is made absolute in terms of prayer clause (a). (ii) It is made clear that it will be open for the first respondent to file appropriate proceedings for challenging the order dated 5 th December, 2008 passed by the trial Court. All contentions of the parties in that behalf are kept open. (iii) There will be no order as to the costs. [ A.S. OKA, J.]