1 sIN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.5539 OF 2009 M/s.Sai Leela Construction ...Petitioner vs. Baban Murlidhar Devkar & Ors. ...Respondents Mr.Ajay Joshi for the petitioner Mr.Sandesh Patil for the respondent nos.1 to 3. CORAM :A.S.OKA,J. DATE : MARCH 17, 2010 P.C. 1 Heard the learned counsel for the petitioner and the learned counsel for the respondent nos.1 to 3. I have perused the report submitted on 24th September 2009 by the 3rd Additional Judge of the Small Causes Court, Pune. In the said report, it is stated that on 3rd February 2009 the suit was fixed for filing say of the plaintiff on application at Exhibit-32. On that day, till 3.00 p.m both the parties and their Advocates were absent and therefore, the Court passed an order at Exhibit-32 accordingly. In the report it is stated that after the Roznama was written by the Clerk, the said Clerk has made a correction in the Roznama dated 3rd February 2009. 2 The said report indicates that the corrections have been subsequently made by the concerned Clerk. Therefore, the learned Judge will have to consider of initiating appropriate proceeding against the said Clerk, if there is any material to show that he has committed any misconduct. 3 The learned counsel for the 1st to 3rd respondents suggested that to avoid any further controversy, impugned 2 order dated 3rd February 2009 be quashed and set aside and the trial Court be directed to hear the application at Exhibit-32 afresh. The suggestion made is fair and reasonable which deserves to be accepted. 4 Hence, the petition is disposed of by passing the following order : i) Impugned order dated 3rd February 2009 is quashed and set aside. ii)The petitioner is permitted to file a reply to the said application within a period of four weeks from today. iii)The trial Court will decide the said application afresh as expeditiously as possible. iv)The report dated 24th September 2009 be kept in a sealed envelope on the record of this Writ petition. v) Writ Petition is disposed of in above terms. JUDGE