The High Court of Judicature at Bombay dismissed the writ petition, holding that an alternative remedy by way of appeal was available to the petitioner. The petitioner was granted liberty to approach the Appellate Court.
Petition dismissed with liberty to approach the Appellate Court.
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WP-796.2010
sjs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE – CIVIL
WRIT PETITION NO.796 OF 2010
Noorjahan wd/o Mohamed
Iqbal Shaikh.... Petitioner
Vs.
Abdul Husain Fanauswala
& Ors..... Respondents
Shri S.S. Kanetkar for the Petitioner.
Shri V.K. Gupta for Respondent No.4.
CORAM: R.C. CHAVAN, J.
DATED: JULY 03, 2013
P.C:
Since remedy of appeal is available to
the petitioner, the petition is dismissed with
liberty to the petitioner to approach the
Appellate Court. The Appellate Court would
undoubtedly take into consideration the time
spent by the petitioner in this Court.
1 issue framed by the court
Whether the writ petition is maintainable when an alternative remedy by way of appeal is available to the petitioner.
Noorjahan wd/o Mohamed Iqbal Shaikh
Abdul Husain Fanauswala & Ors
R.C. CHAVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court