1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2189 OF 2008 Municipal Corpn. of Gr.Bombay. ..Petitioner. V/s. Shri Pandharinath B. Ghuge. ..Respondent. Mr.S.K.Talsania, Sr.Advocate a/w.Mr.D.G.Dhanure i/b. M.V.Kini & Co. for petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : OCTOBER 21, 2008. DATE : OCTOBER 21, 2008. DATE : OCTOBER 21, 2008. P.C. : P.C. : P.C. : 1. After hearing Counsel for the parties for some time, even though I was prima facie inclined to accept the argument of the Petitioner that the finding recorded by the lower Court on both the counts is untenable, to meet the ends of justice, the appropriate final order, that will be required to be passed in the fact situation of the present case is to relegate the parties before the lower Court. That direction can be issued by this Court only in exercise of powers under Article 227 of Constitution of India and not under Article 226, where this Court can only annul order of the lower Court and do no more. 2. Realising this difficulty, Counsel for the 2 Petitioner in all fairness submits that in that case, the Petitioner may be permitted to convert this Petition to one under Article 226 r/w Article 227 of the Constitution of India. That amendment be carried out on or before 11th November, 2008. 3. After the amendment is carried out Petition will have to necessarily proceed on the Appellate Side of this Court being Petition under Article 226 r/w 227 of the Constitution of India. 4. Office shall take appropriate steps in that behalf. Liberty to apply. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)