1. Mrs Sayed Sahiba 2, Master Allah Sayed v. Jivraj Mangal Solanki And 2 Others

WP2298.14.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2298 OF 2014 Mrs Sayed Sahiba and another ... Petitioners v/s Jivraj Mangal Solanki and others ... Respondents Mr Ram Upadhyay i/b M/s Law Competere Consultus for Petitioners. None for Respondents.

CORAM: S.C. DHARMADHIKARI & B.P. COLABAWALLA JJ.

DATE : 7TH OCTOBER 2015 P.C. :- 1.

Having heard Mr Upadhyay, learned counsel appearing on behalf of the Petitioners, and finding that there are disputed questions of fact, which could not be resolved in writ jurisdiction, we are not inclined to entertain this Writ Petition. Merely because the Suit under section 6 of the Specific Relief Act is barred as far as the Government is concerned, other Suit and to claim possession from the Government on the basis of title is admittedly maintainable. VRD

WP2298.14.sxw Therefore, the Petitioners have an alternate and equally efficacious remedy to file a Suit. Writ Petition is therefore disposed off. (B.P. COLABAWALLA, J.) (S.C.DHARMADHIKARI J.)** ** CERTIFICATE Certified to be a true and correct copy of the original signed Judgment/Order. VRD