Nalini Ashok Panchal v. State Of Maharashtra And ORS.

WP. 304-17 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 304 OF 2017 Nalini Ashok Panchal ...

Petitioner Vs.

State of Maharashtra & Ors.

...

Respondents *** Mr. Prabhakar Pandey, for the Petitioner.

Mr. N. C. Walimbe, AGP for the Respondent - State. *** CORAM : V. M. KANADE, & P. R. BORA, JJ.

DATE : FEBRUARY 8, 2017 PC.

1.

By this petition, which is filed under Article 226 of the Constitution of India, Petitioner is seeking following relief: (a) That this Hon'ble Court be pleased to admit this writ petition and pending the hearing and final disposal.

(b) That this Hon'ble Court be pleased to grant adinterim relief to the Petitioner by an order of this Hon'ble Court, Respondent Sub-Divisional Shamrao Vitthal Co-op. Bank, may be restrained to take possession of the flat No. C-103, 1st floor, 1 / 2

WP. 304-17 Goverdhan Apartment, Anand Ashram Road, Palghar, pending the hearing and final disposal, and not to dispossess the Petitioner from the possession of the flat No. C-103.

(c) This Hon'ble Court be pleased to issue notice to the all Respondents."

2.

By an order dated 17th January, 2017 this Court has observed that there was no prayer for final relief in the petition. The Petitioner, thereafter, has neither amended the petition nor annexed the impugned order. It appears that the Judicial Magistrate, F. C. Palghar has in a joint application, for settlement, filed by both the parties, passed an order on 21.4.2011. The Petitioner has not stated what has happened thereafter. If any order is passed by the J.M.F.C. Palghar, the Petitioner has an alternate remedy of filing an appeal before the District Court. We are, therefore, not inclined to entertain this petition, preliminary on the ground that the petitioner has an alternate remedy of filing an appeal, if at all she is aggrieved by any order passed by the J.M.F.C. Palghar. Reserving the right of the Petitioner to recourse to the alternate remedy, which is available on law, writ petition is dismissed. All contentions raised by the Petitioner in this petition are kept open. Writ petition is accordingly disposed of in the aforesaid terms.

Sd/- Sd/- [P. R. BORA, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2