... 1 ... IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.172 OF 2005 Tara Dattoba Lokhande ...Applicant Vs. Najma Sajjad Kanji ...Respondent Mr L.H. Patil for the Applicant. Mr Kishor S. Patil for the Respondent. CORAM CORAM CORAM : A. M.KHANWILKAR, J. : A. M.KHANWILKAR, J. : A. M.KHANWILKAR, J. DATE DATE DATE : MARCH 16, 2006. : MARCH 16, 2006. : MARCH 16, 2006. P.C.: P.C.: P.C.: 1. Counsel appearing for the Respondent has raised preliminary objection that there is statutory remedy available to the Applicant by way of Application under Order 9 Rule 13 or Appeal, instead of the present Revision as has been filed. 2. Counsel for the Applicant submits that the Applicant had initially filed Writ Petition. The issue of maintainability thereof was raised by the Respondent and after hearing the parties, the court allowed Applicant to convert the proceeding in Revision Application. Now once again the issue of maintainability of the proceeding is raised. The learned counsel for the Applicant submits that the Applicant has no difficulty in taking recourse to the remedy of Application under Order 9 Rule 13 or Appeal against the ex-parte decree as suggested by the Respondent. However, the Applicant should be provided ... 2 ... sometime to take recourse of such remedy and in the meantime, the Respondent should not create any third party right and interest in the suit property. Counsel for the Respondent on instruction of the Respondent states that Respondent will maintain status-quo with regard to the suit property for a period of two weeks from today. That assurance is accepted. 3. In the circumstances, the Applicant is permitted to withdraw this Application with liberty to take recourse of remedy of Application under Order 9 Rule 13 or Appeal as may be advised. All questions in that proceedings are kept open. Obviously, in view of this arrangement, it will not be open to the Respondent to oppose the proposed proceedings to be initiated by the Applicant on the ground that the same is barred by limitation. Respondent through counsel submits that such technical plea will not be raised in said proceedings and the same will be contested on merits. This statement is accepted. Petition is disposed of accordingly. JUDGE JUDGE JUDGE