Bombay High Court

RASIKA PRASHANT MOREversusALAKA SANJAY DALVI AND ORS

Decided: 30 September 2026
Disposal: Disposed Off

Holding

The petitioner is entitled to file an appeal under Order XXI Rule 103 read with Rule 101 of the Code of Civil Procedure, 1908.

Summary

Rasika Prashant More filed a writ petition challenging an order dated 24 November 2025 that rejected his obstruction application filed under Order XXI Rule 97 of the Code of Civil Procedure, 1908. The petitioner contended that the order was erroneous and that he possessed a statutory right to appeal. The Court examined the provisions of the Code and observed that an appeal against such an order is permissible under Order XXI Rule 103 read with Rule 101. Consequently, the Court dismissed the petition but granted the petitioner liberty to file the appropriate appeal. The decision clarifies the procedural avenue available for challenging a rejected obstruction application.

Issues considered

What is the appropriate statutory remedy for a party whose obstruction application under Order XXI Rule 97 CPC is rejected?

Legislation cited

Code of Civil Procedure, 1908 — s. Order XXI Rule 101, Order XXI Rule 103, Order XXI Rule 97

Subjects

obstruction application
Civil Procedure Code
appeal
order rejection
procedural law

Judgment

                                                                     910-WP12803-2026.DOC

                                                                                   Santosh

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION


                                     WRIT PETITION NO. 12803 OF 2026

                      Rasika Prashant More                                   ...Petitioner
                                        Versus
                      Alaka Sanjay Dalvi And Ors                        …Respondents

                      Mr. Ashok Kumar Dubey, a/w Anil Pandey, i/b Savi Law
                           Solutions, for the Petitioner.

                                                   CORAM: N. J. JAMADAR, J.
SANTOSH
                                                   DATED: 30th SEPTEMBER, 2026
SUBHASH
KULKARNI
Digitally signed by
                      PC:-
SANTOSH SUBHASH
KULKARNI
Date: 2026.10.02
12:08:57 +0530
                      1.     Heard the learned Counsel for the petitioner.


                      2.     The challenge in this petition is to an order dated 24 th

                      November, 2025, whereby an obstruction application under the

                      provisions of Order XXI Rule 97 of the Code of Civil Procedure,

                      1908 (“the Code”) has been rejected.


                      3.     The petitioner has a statutory remedy of appeal against

                      the said order, under the Code.


                      4.     The petition stands disposed with liberty to the petitioner

                      to file an appeal under the provisions of Order XXI Rule 103

                      read with Rule 101 of the Code.


                                                                 [N. J. JAMADAR, J.]


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Ashok Kumar Dubey