Bombay High Court

BHARTI RAJMANIKAMversusLAHU GANPAT JAMDARE AND ORS

Decided: 8 September 2026
Disposal: Disposed Off

Holding

The petitioner may avail the remedy of an appeal under Order 43 of the Code of Civil Procedure, 1908.

Summary

Bharti Rajmanikam filed a writ petition challenging the respondents Lahu Ganpat Jamdare & Ors. The petitioner sought relief, but the Court observed that the petitioner already has an efficacious remedy of filing an appeal against the impugned order under Order 43 of the Code of Civil Procedure, 1908. The Court therefore did not entertain the writ petition on its merits. It directed that the petition be disposed of, granting the petitioner liberty to pursue the appeal as provided by law. The order essentially confirms that the appropriate remedy is an appeal, not a writ.

Issues considered

Whether the petitioner can seek relief through a writ petition when an appeal under Order 43 CPC is available

Legislation cited

Code of Civil Procedure, 1908 — s. Order 43

Subjects

Writ Petition
Appeal
Order 43
Code of Civil Procedure
Civil Procedure

Judgment

ANANT
KRISHNA
NAIK                                                                                   24.WP.9272.2026.doc
Digitally signed
by ANANT
KRISHNA NAIK
Date: 2026.09.09
11:50:51 +0530




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION NO. 9272 OF 2026

                   Bharti Rajmanikam                                            ...Petitioner
                          Versus
                   Lahu Ganpat Jamdare & Ors                                    ...Respondents

                   Mr. Prashant Rajput for the Petitioner.

                                                     CORAM         : N. J. JAMADAR, J.

                                                     DATE          : 8th SEPTEMBER, 2026
                   P.C.

                   1.     Heard the learned Counsel for the Petitioner.

                   2.     The Petitioner has efficacious remedy of preferring an Appeal against the

                   impugned order before the Appellate Court under Order 43 the Code of Civil

                   Procedure, 1908.

                   3.     The Petition stands disposed with liberty to the Petitioner to avail the remedy

                   as available in law.

                                                                          ( N. J. JAMADAR, J. )




                   Akn                                       1

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