The High Court dismissed a writ petition under Article 227 as the petitioner failed to exhaust the alternate remedy of appeal. The Court directed subordinate courts to expedite a pending special civil suit.
The 4th Additional Judge, Small Causes Court and Additional Civil Judge, Pune, to dispose of the special civil suit within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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53-WP-2215-16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2215 OF 2016
Sudhakar Sopan More .. Petitioner vs. Milind T. Jagtap & Ors. .. Respondents
Mr. Jayant S. Gaikwad for Petitioner. Mr. A. R. Metkari – AGP for Respondent No. 13.
CORAM : M. S. SONAK, J. DATE : 21 MARCH 2016
P.C :
2] The Civil Judge, Senior Division, by order dated 11 December 2013, has dismissed the petitioner's application for interim reliefs. It appears that the petitioner has not instituted any appeal against the said decision but has directly challenged the same before this Court by invoking Article 227 of the Constitution of India.
3] Since, the petitioner has alternate remedy by way of institution of an appeal, there is no question of entertaining this writ petition.
4] That apart, the learned counsel for the petitioner states that the matter before the trial court is at the stage of evidence. If that be
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53-WP-2215-16
so, the 4th Additional Judge, Small Causes Court and Additional Civil Judge, Senior Division, Pune, is directed to dispose of the special civil suit instituted by the petitioner as expeditiously as possible and in any case within a period of one year from today.
Chandka
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2 issues framed by the court
Whether this Court can entertain a writ petition under Article 227 when the petitioner has an alternate remedy by way of appeal.
Whether interference is warranted when the trial court has not disposed of the matter expeditiously.
Sudhakar Sopan More
Milind T. Jagtap
M. S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
