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Bombay High Court

PRAKASH VITTHAL KALE DIED THR LRS ASHALATA DIED THR RAJANIKANT AND ORSversusMAHARASHTRA PULSE MILLS JALGAON THR ITS PARTNER ASHWIN H SHAH AND ORS

Disposal
DISPOSED OFF

Holding

The writ petition is disposed of, and the petitioners are directed to avail the miscellaneous appeal before the District Court, which may entertain the appeal with discretion to condone delay.

Summary

The petitioners filed a writ petition in the High Court of Bombay challenging an order, but the respondents contended that the petitioners had an alternate remedy of filing a Miscellaneous Appeal before the District Court under Order 48 Rule 1(i) of the CPC. The petitioners argued that the limitation period for such an appeal had expired because they were proceeding in good faith before the High Court. The Court held that the petitioners may still approach the District Court, which can consider the reasons for delay and decide on condonation. Consequently, the writ petition was disposed of, with liberty granted to the petitioners to pursue the miscellaneous appeal in accordance with law. The decision emphasizes the principle that an appropriate alternative remedy, even if time‑barred, can be sought with the discretion of the lower court.

Issues considered

  • Whether the writ petition is maintainable when an alternate remedy of a miscellaneous appeal under Order 48 CPC is available.
  • Whether the limitation period for filing the miscellaneous appeal bars the petitioners from seeking that remedy.

Legislation cited

Subjects

  • Writ petition
  • Miscellaneous appeal
  • Order 48 CPC
  • Limitation period
  • Alternate remedy
  • High Court of Bombay

Judgment

2026:BHC-AUG:41553
                                                 1                         989-WP-10908-2026.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                989 WRIT PETITION NO. 10908 OF 2026

              Prakash Vitthal Kale Died Thr Lrs Ashalata Died Thr Rajanikant Prakash
                                             Kale And Ors
                                               VERSUS
             Maharashtra Pulse Mills Jalgaon Thr Its Partner Ashwin H Shah And Ors
                                                   ...
             Mr.Girish S. Rane for the Petitioners.
             Mr.Vijay Bhalerao Patil for Respondent No.1.
                                                   ...
                                   CORAM          : MANJUSHA DESHPANDE, J.
                                      DATE           : 04.09.2026
             PER COURT :

             1.              Learned Advocate appearing for the Petitioners, after arguing

             the matter for some time, submits that an objection has been raised by

             learned Advocate appearing for the Respondents that the Petitioners have

             an alternate remedy of filing a Miscellaneous Appeal before the District

             Court under Order 48 Rule 1(i) of the Code of Civil Procedure, 1908.

             Upon considering the said provision, learned Advocate for the Petitioners

             submits that the Petitioners may avail of the said remedy before the

             District Court.

             2.              However, since the Petitioners have been prosecuting the

             present Writ Petition before this Court, the period of limitation prescribed

             for availing the aforesaid remedy has already expired. The Petitioners

             were prosecuting the present proceedings under a bona fide impression

             that the impugned order was required to be challenged before this Court.

             Sunny Thote
                                   2                          989-WP-10908-2026.odt


3.            In the event the Petitioners avail of the remedy of filing a

Miscellaneous Appeal before the learned District Judge, the learned

District Judge shall take into consideration the aforesaid circumstances

and the reasons for the delay caused in filing the Miscellaneous Appeal,

and consider the same in accordance with law. All the points and

contentions of the respective parties are kept open to be agitated before

the District Judge.

4.            In view of the alternate remedy available to the Petitioners,

the Writ Petition stands disposed of, with liberty to the Petitioners to avail

of the said remedy in accordance with law.




                                           [ MANJUSHA DESHPANDE, J. ]




Sunny Thote


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