Mr. Dattatray Marotirao Betmogrekar v. Mrs. Alice Dattatrey Batmogrekar

25.wp.9557.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9557 OF 2015 Mr. Dattatray Marotirao Betmogrekar ..Petitioner Vs.

Mrs Alice Dattatrey Batmogrekar ..Respondent None for the Petitioner.

None for the Respondent.

CORAM :- V.M.KANADE & B.P.COLABAWALLA, JJ.

DATE :- MARCH 8, 2016.

P. C.:

None appears on behalf of the Petitioner. The Petitioner has filed this Petition under Article 226 and 227 of the Constitution of India seeking the following reliefs:- "a) That records and proceedings may be called out pertaining to the M. P. No.12/2015 pending before 14th District Judge, Vasai presided by Shri N. R. Pradhan.

Aswale 1/2

25.wp.9557.15 b) The direction/order dated 13.08.2015 be quashed and set aside and petition be allowed.

c) That the operation of order dated 13.08.2015 be stayed till the decision of this Petition.

d) That interim and ad interim order may be passed in regard to prayer clause(c).

e) That this Petition be allowed.

f) That if any delay may kindly be condoned.

g) Any other and further relief as this Hon'ble court may deem fit and proper in the nature and circumstances of the matter may be granted in the interest of justice.

We are afraid that these reliefs cannot be granted by us while exercising our writ jurisdiction under Article 226 and 227 of the Constitution of India, since the Petitioner has an alternate remedy of challenging the said order before the appropriate forum. Reserving the right of the Petitioner to exhaust alternate remedy which is available to him, the Petition is disposed of. ( B. P. COLABAWALLA, J.) ( V.M.KANADE, J.) Aswale 2/2