H. Rajeev Adyanthaya And ANR v. Dr. Mohammad Ghouse And ORS

DSS 903-wp-6506-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6506 OF 2014 H. Rajeev Adyanthaya and anr.

.. Petitioners vs.

Dr. Mohammad Ghouse and ors.

.. Respondents Mr. Satyajeet Mirajkar for the Petitioners.

CORAM :

M. S. SONAK, J.

DATE : 1 April, 2015.

P.C. :- 1] The order impugned in the present petition is in fact, an appealable order. The Appeal will lie before the District Court. 2] Accordingly, there is no reason to entertain the present petition. However, the petitioners will be at liberty to institute an Appeal against the impugned order.

3] The learned counsel for the petitioners states that the petitioners will institute an Appeal within four weeks from today. In case, such an Appeal is instituted within a period of four weeks from today, then the Appeal Court to consider the circumstance that the period between the institution of the present petition and its disposal today, was period spent bona fide in pursuing the remedy against the impugned order.

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DSS 903-wp-6506-14 4] With the aforesaid observations, this petition is disposed of. There shall be no order as to costs.

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