1 30-wp-4838-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj WRIT PETITION NO.4838 OF 2011 Shehab S. Bohra & Another .. Petitioners. V/s. Esmail A. H. Kathawala .. Respondent. Mr. Khan Javed Akhtar, for Petitioners. Ms. Sonal i/b. M/s. Zohair & Co., for Respondent No.1. CORAM : G.S.GODBOLE, J. DATE : 5th SEPTEMBER, 2011. P.C.: 1 Heard the learned Advocates for the parties. 2 Though this Writ Petition is shown under the caption “for orders”, the sole Respondent is served and appearing through Advocate. Hence, by consent of the learned Advocate for the parties, Writ Petition is taken on board for hearing in terms of the earlier order forthwith. 2 30-wp-4838-2011.sxw 3 By this Writ Petition, the Petitioners are challenging the order dated 26th August, 2010 passed by the Division Bench of the Court of Small Causes at Bombay, below Exhibit 13 in Appeal No.52 of 2005. The said order is at Exhibit “A” to the Writ Petition. 4 It is not disputed by the parties that the Respondent had challenged the same order by filing Writ Petition No.9527 of 2010. Advocate for the present Petitioners, who were original Respondents therein, was also heard and learned Single Judge of this Court (Justice D. G. Karnik) had disposed off the said Writ Petition by Judgment and Order dated 14th February, 2011. 5 It is thus clear that the impugned Order dated 26th August, 2010 is clearly merged in the aforesaid Order dated 14th February, 2011. 6 Writ Petition is dismissed. (G.S.GODBOLE, J.)