Bombay High Court

DAYAL KHUSHALDAS KUKREJA LHR OF MATHRIBAI K KUKREJAversusKAMAL SRICHAND MOTWANI AND ORS

Decided: 11 September 2026
Disposal: Disposed Off

Holding

A writ petition is not maintainable where the petitioner has an efficacious alternate remedy of filing an appeal under Order XLIII Rule 1 of the CPC.

Summary

The petitioner, Dayal Khushaldas Kukreja, filed a writ petition challenging a lower court order. The petition was argued before the Bombay High Court by counsel Tushad Kakalia and co-counsel. The Court observed that the petitioner possessed an effective alternate remedy by filing an appeal under Order XLIII Rule 1 of the Code of Civil Procedure, 1908. Consequently, the Court held that the writ petition was not the appropriate forum for relief. The petition was therefore disposed of, but the Court granted the petitioner liberty to file the appropriate appeal. No substantive merits of the underlying dispute were addressed.

Issues considered

Whether a writ petition is maintainable when an alternate remedy of appeal under Order XLIII Rule 1 CPC is available

Legislation cited

Code of Civil Procedure, 1908 — s. Order XLIII Rule 1

Subjects

writ petition
civil procedure
alternate remedy
appeal
order disposal

Judgment

                                                                               6-WP-11399-2026.DOC




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
                                         WRIT PETITION NO. 11399 OF 2026


                      Dayal Khushaldas Kukreja LHR of Mathribai K                  ..Petitioner
                      Kukreja
                            Versus
                      Kamal Srichand Motwani and Ors                           …Respondents

                      Mr. Tushad Kakalia, with Kartik H, S. B. Rao and Ram Duseja, for the
                            Petitioner.

                                                    CORAM:         N. J. JAMADAR, J.
                                                    DATE :         11th SEPTEMBER 2026


                      P.C.:

                      1.      Heard the learned Counsel for the Petitioner.

                      2.      The Petitioner has an efficacious alternate remedy of preferring

                      an Appeal against the order impugned in this Petition under Order XLIII

                      Rule 1 of the Code of Civil Procedure, 1908 (“the Code”).

ARUN
                      3.      The Petition thus stands disposed with liberty to the Petitioner to
RAMCHANDRA
SANKPAL

Digitally signed by
                      file an Appeal.
ARUN RAMCHANDRA
SANKPAL
Date: 2026.09.11
19:21:08 +0530




                                                                     [N. J. JAMADAR, J.]




                      ARS                                    1/1

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