1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3929 OF 2009 Rupali @ Anita w/o. Venkati More ....Petitioner. Versus Venkati s/o Raosaheb More ....Respondent. Shri. S.R. Bagal, Advocate for the petitioner. Shri. V.B. Ghatge, Advocate for the respondent. CORAM : R.M. BORDE, J. DATE : 26th March, 2010 PER COURT : 1. The petitioner has presented this petition raising exception to the order passed in Regular Civil Appeal No. 117/2007. 2. The petition presented by the respondent was under section 9 of the Hindu Marriage Act, seeking a decree of restitution of conjugal rights. In view of provisions of Section 28 of the Hindu Marriage Act, the judgment and decree passed by the First Appellate Court is appealable under section 100 of the Code of Civil Procedure. Reliance can be placed 2 on the judgment of this Court in reported in 1986 (1) DMC 96. In this view of the matter, the instant writ petition is not entertainabe. 3. In view of availability of alternate remedy, the counsel appearing for the petitioner, seeks leave to prosecute the alternate remedy provided under the Act. Leave granted. The instant writ petition stands rejected. The period spent in prosecuting the petition be taken into consideration while considering the application for condonation of delay that may be presented before the appropriate forum. [ R.M. BORDE, J. ] ssc/wp3929.09