1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3321 OF 2009 Shri Avinash V. Pendharkar & Ors. ..Petitioners. V/s. Shri Ratnakar D. Pendharkar & Anr. ..Respondents. Mr.A.M.Kulkarni for petitioners. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 4, 2009. DATE : APRIL 4, 2009. DATE : APRIL 4, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioners. 2. Twofold arguments are canvassed before this Court. The first argument is that the subject application was filed by the Respondents under provisions of Order 23 Rule 1A of C.P.C. According to the Petitioners, the Court, if at all could have entertained relief claimed and granted only in exercise of jurisdiction under Order 1 Rule 10. The argument clearly overlooks the fact that although the application makes reference to provisions of Order 23 Rule 1A, the same has been filed to invoke powers of the Trial Court in terms of the provisions of Order 1 Rule 10 of CPC. Accordingly, I find no substance in this submission. 2 3. The next argument is that the provisions of Order 23 Rule 1A strictly apply to the trial before the Civil Court in suit and not to any other proceedings. It is not possible to accept this submission. The analogy of the said provision would apply even to the subsequent stage of proceedings in appeal or Revision being continuation of suit. Hence dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)