1 caw1498-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 1498 OF 2011 IN WRIT PETITION NO. 10509 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Ms. Sarika Mehra i/b. M/s. L. J. Law for the applicants. Ms. Jenna Narayan i/b. M/s. FZB & Associates for respondent Nos. 2, 3, 5 and 6. ..... CORAM : A.S.OKA, J. DATE : JULY 22, 2011. P.C.: Not on board. Taken on board. 2. Heard the learned counsel appearing for the applicants and the learned counsel appearing for respondent Nos. 2, 3, 5 and 6. The prayer is for recalling order dated 4th January, 2010 passed in Writ Petition No.10509 of 2009. The order dated 4th January, 2010 reads thus: “It is not in dispute that the impugned order has been passed by the Appellate 2 caw1498-11 Court on the application made by the petitioner invoking Rule 19 of Order XLI of the Code of Civil Procedure, 1908. By the impugned order, the Appellate Court has declined to re- admit the appeal which was dismissed in default. Admittedly an appeal is provided against the impugned order under clause (t) of Rule 1 of Order XLIII of the said Code of 1908. In view of the maintainability of the appeal, Writ Petition is not entertained and the same is disposed of by keeping the remedy of preferring appeal open.” 3. When this order was passed, Sub-Section 2 of Section 29 of the Bombay Rent Act, 1947 was not noticed. In view of said Sub-Section 2 of Section 29, there is a bar of further Appeal. In view of the said bar, order dated 4th January, 2010 is recalled and Writ Petition No.10509 of 2009 is restored to the file which shall be placed before the appropriate Court. (A.S.OKA, J.)