Sudhakar Sopan More v. Milind Tribhuvan Jagtap And ORS.

skc 53-WP-2215-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2215 OF 2016 Sudhakar Sopan More ..

Petitioner vs.

Milind T. Jagtap & Ors.

..

Respondents Mr. Jayant S. Gaikwad for Petitioner.

Mr. A. R. Metkari - AGP for Respondent No. 13. CORAM : M. S. SONAK, J.

DATE : 21 MARCH 2016 P.C :

1] Heard the learned counsel for the parties.

2] The Civil Judge, Senior Division, by order dated 11 December 2013, has dismissed the petitioner's application for interim reliefs. It appears that the petitioner has not instituted any appeal against the said decision but has directly challenged the same before this Court by invoking Article 227 of the Constitution of India. 3] Since, the petitioner has alternate remedy by way of institution of an appeal, there is no question of entertaining this writ petition.

4] That apart, the learned counsel for the petitioner states that the matter before the trial court is at the stage of evidence. If that be 1/2

skc 53-WP-2215-16 so, the 4th Additional Judge, Small Causes Court and Additional Civil Judge, Senior Division, Pune, is directed to dispose of the special civil suit instituted by the petitioner as expeditiously as possible and in any case within a period of one year from today. 5] With the aforesaid observations, this petition is disposed of. 6] All concerned to act on basis of authenticated copy of this order.

(M. S. SONAK, J.) Chandka 2/2