1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1657 OF 2010 M/s.Jai Vijay Co-op.Housing Society Ltd. .. Petitioner versus Smt.Anusaya Kashinath Patil .. Respondent Mr.Sandesh D. Patil for the petitioner. None for the respondents. CORAM : A.S.OKA, J. DATE : 9th March 2010. P.C.: . Heard learned counsel appearing for the petitioner. The challenge in this writ petition is to the judgment and order dated 25th January 2010 passed by the trial Court. The operative part of the order reads thus: “ : O R D E R : 1. The application for rejection of plaint under O.VII R.11(d) of the Code of Civil Procedure is hereby allowed. 2. Plaint be returned to the plaintiff society to present it before appropriate forum i.e Co-operative Court, Thane for its proper adjudication. 3. Plaintiff is directed to present the plaint before appropriate forum within a month from the receipt of plaint. 4. Comply accordingly. ” 2. When a query was made to the learned counsel appearing for the petitioner as to how writ petition can be entertained when statutory remedy is available, he pointed out that a serious doubt is created as to whether the order is of rejection of plaint or of return of the plaint and therefore, writ 2 petition be entertained. 3. It is true that the impugned order has been passed on application under Rule 11(d) of Order VII of the Code of Civil Procedure, 1908 and clause 1 of the operative part of the order shows that the said application has been allowed. However, in paragraph 7 of the impugned order, the learned Judge has observed that it is the co-operative Court which will have jurisdiction to entertain the dispute in view of section 91 of the Maharashtra Co-operative Societies Act, 1960 and the jurisdiction of the Civil Court is barred. If what is recorded by the learned trial Judge in paragraph 7 is read with clauses 2 and 3 of the operative part of the order, it is crystal clear that the order impugned is of return of plaint under Rule 10 of Order VII of the Code of Civil Procedure, 1908. The effect of the operative part of the order is that while considering an application containing prayer for rejection of the plaint, the trial Court has purported to exercise powers under Rule 10 of Order VII of the said Code and has returned the plaint for presentation of the appropriate Court. Therefore, an appeal under clause (a) of Rule 1 of Order XLIII of the said Code is maintainable for challenging the impugned order. 4. As the remedy of preferring an Appeal from Order is available, writ petition under Article 227 of the Constitution of India is not entertained and the same is disposed of by keeping remedy open. 3 5. If Appeal from Order is preferred by the petitioner, the concerned Appellate Court is bound to take note of the fact that the writ petition was filed in this Court on 25th February 2010 and the same remained pending till today. (A.S.OKA,J)