1 WP.1846-2011.sxw acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITIOIN NO. 1846 OF 2011 Gangadhar Murlidhar Ambekar. .Petitioner. Vs. Shamim Pirapasha Pirjade & Anr.. ..Respondents. ----- Ms. A.R.S. Baxi, for the Petitioner. Mr. Makarand Kale, for Respondent No.1. Mr. H.J. Dedhia, A.P.P. for the State. ---- CORAM: M.L. TAHALIYANI, J. DATE : NOVEMBER 28, 2011. P.C.: 1 Affidavit-in-reply filed by respondent no.1 be taken on record. Copies of the same are given to Advocates for the petitioner and respondent no.2. 2. Heard Mr. Baxi, learned counsel for the petitioner, Mr.Kale, learned counsel for respondent no.1 and Mr. Dedhia, learned A.P.P. for the State. 2 WP.1846-2011.sxw 3. Perused the impugned order. Revision Petition filed by the petitioner against the order of the Executive Magistrate has been dismissed. It is settled position in law that once the Revision Petition is admitted, it is to be decided on merits. It cannot be dismissed in default. 4. The impugned order passed by the learned Additional Sessions Judge, Sangli in Criminal Revision Application No.133 of 2006 dated 27.4.2011 is set aside. Revision Petition/Application No.133 of 2006 be restored to the file of learned Addl.Sessions Judge, Sangli. The learned Additional Sessions Judge is directed to decide the Revision Application on merits irrespective of the fact whether the parties appear or do not appear. 5. Parties to appear before the learned Additional Sessions Judge on 20th December, 2011. In the meantime, the order dated 11.7.2011 passed by this court directing to maintain status-quo shall continue to be in force. 6. Criminal Writ Petition No.1846 of 2011 stands disposed of accordingly. (M.L. TAHALIYANI, J.) 3 WP.1846-2011.sxw