IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4375/2008 Shivdas Mahadeo Shendre vs. Amaranath Ramchandra Nagpal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 31st MARCH , 2009 Heard Shri Thote, Advocate, for the petitioner and Shri Anthony, Advocate, for respondent. 2. Petitioner in this petition is challenging the order passed by the learned Civil Judge, Senior Division, Nagpur, in Special C.S. NO. 352/2007. 3. The relevant order reads thus- “21.7.08 Heard Adv. Thengre, Heard Defendant. Deft.,to deposit Rs.50,000/- within 7 days in Court. Adj. for further hearing & arg. on Exh.5 on 28.07.08.” 4. It is the contention of the learned counsel for the petitioner that this direction was without any application by the parties and without hearing them. 5. I had called the confidential report of the learned Civil Judge. I have perused the same. 6. It appears to me that the said order was not warranted at all. If at all the learned Civil Judge was considering to pass such an order, he should have heard the parties, preferably he should have obtained an application. 7. In my opinion, the said order needs to be quashed and set aside, leaving the parties to apply to the trial Court for appropriate reliefs. 8. Hence, the said order is quashed and set aside. The parties may apply before the trial court for appropriate relief, which trial Court may consider after giving the opportunity of hearing to the other side and decide such application on merits. 9. Order accordingly. Petition disposed of. JUDGE rvjalit