Gangaram Chhotulal Bhatawale v. Umesh Hiralal Bhatawale And Others

947-wp-13272-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13272 OF 2019 GANGARAM CHHOTULAL BHATAWALE

VERSUS

UMESH HIRALAL BHATAWALE AND OTHERS ...

Advocate for the Petitioner : Shri R. D. Biradar Advocate for Respondent No. 1 : Shri P. P. Mandlik ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 08th NOVEMBER, 2019.

...

PER COURT :

1.

The petitioner / original plaintif in Special Civil Suit No. 25/2018, is aggrieved by the order dated 05/01/2019 passed by the Trial Court, by which, application Exhibit 6 fled by the plaintif seeking injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, has been rejected.

2.

The learned Advocate for the respondents submits that the petitioner has a statutory remedy available in the form of fling a Miscellaneous Civil Appeal.

947-wp-13272-19.odt 3.

The Honourable Apex Court has recently concluded in Virudhunagar Hindu Nadargal Dharma Paribalana Sabai vs. Tuticorin Educational Society, [ 2019 SCC Online SC 1292], that a statutory remedy has to be availed of and in the face of the availability of a statutory remedy, there is a ''Near Total Bar'' of the supervisory jurisdiction of the High Court in entertaining a Writ Petition directly.

4.

In view of the above, this petition is disposed of with liberty to the petitioner to avail of the statutory remedy. The time spent by the petitioner in this Court from 05/02/2019 till the passing of this order, shall be a good ground for seeking condonation of delay. (RAVINDRA V. GHUGE, J.) shp/-