-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO. 9176 OF 2005 Raghunath Bhagwant Halde & Anr..... Petitioners. Versus C. S. K. Swamy.... ... Respondent. Mr. J. K. Jadhav for the Petitioners. None for the Respondent. CORAM : B.H.MARLAPALLE, J. CORAM : B.H.MARLAPALLE, J. CORAM : B.H.MARLAPALLE, J. DATED : 20TH APRIL, 2007. DATED : 20TH APRIL, 2007. DATED : 20TH APRIL, 2007. P.C.: P.C.: P.C.: Heard Mr. J. K. Jadhav, learned Counsel for the petitioners. 2. R. A. E. Suit No. 1463 of 1991 which was filed for seeking decree of eviction under Section 13 (1)(g) of the Bombay Rents and Hotel Lodging House Rates (Control) Act, 1947 came to be allowed by the learned Judge, Small Causes Court at Mumbai. By the jdugment and order passed by the learned Judge on 14th/15th March, 2002, the suit was decreed and the defendant was directed to handover vacant and peaceful possession of the suit premises to the plaintiff within three months. Aggrieved by the said judgment -: 2 :- and order, the defendant filed Appeal No. 585 of 2002 which came to be dismissed by the learned Division Bench of the Small Causes Court at Mumbai vide its judgment and order dated 25th August, 2005. 3. In this writ petition the judgment and order passed by the lower appellate court confirming the judgment and order passed by the learned Judge, Small Causes Court at Mumbai, under the Bombay Rents Hotels & Lodging House Rates (Control) Act is challenged. In Writ Petition No. 4138 of 2006, I have already taken a view vide order dated 24th August, 2006 that such decree can be challenged by filing a civil revision application under Section 115 of the Code of Civil Procedure. I have further observed that when such a statutory remedy is available, a writ petition under Article 227 of the Constitution of India need not be entertained. 4. Hence, the writ petition is disposed of as such with liberty to the petitioner to file a civil revision application and if such a civil revision application is filed within a period of four weeks from today, the period of pendency of this writ petition be taken into consideration for condonation of delay, if any. -: 3 :- 5. Annexures to the petition memo be returned, if applied for. 6. Writ petition is disposed of, accordingly. Sd/- (B. H. MARLAPALLE, J.) (B. H. MARLAPALLE, J.) (B. H. MARLAPALLE, J.)