1 102 wp.5052.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT PETITION NO. 5052 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Ms Manjiri S. Parasnis for the Petitioners. CORAM : A.S.OKA, J. DATE : 15 th November, 2011. P.C. . Heard the learned counsel appearing for the Petitioners. 2 The Petitioners have challenged the order dated 28 th March, 2011 passed by the Appeal Bench of the Court of Small Causes on the application made by the Respondents in the said appeal. An order was passed by the Appeal Bench against the said Respondents to proceed with the appeal ex-parte. An application was made by the Respondents for setting aside the said order. By the impugned order, the said application has been allowed. 2 102 wp.5052.11 3 The submission of the learned counsel appearing for the Petitioners is that the impugned order is illegal as the same was passed after the appeal was adjourned for pronouncement of judgment. 4 However, the learned counsel appearing for the Petitioners pointed out that subsequently, the appeal was assigned to another Appellate Bench and therefore, the Petitioners were required to re-argue the appeal. The effect of the impugned order is that the Respondents will be heard in the appeal. Considering the subsequent event, no case for interference is made out. The writ petition is rejected. [ A.S.OKA, J ]