IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5317 OF 2004 WRIT PETITION NO. 5317 OF 2004 WRIT PETITION NO. 5317 OF 2004 Shri Vasant Tryambak Zambare ...Petitioner vs. State of Maharashtra & Ors. ...Respondents Mr.Anurag Jain for the Petitioner. Mr.S.D. Rayrikar, AGP for Respondent No.1. Mr.Girish Kulkarni holding for Mrs.Minakshi G. Kulkarni for Respondent No.2. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : APRIL 21, 2009 DATED : APRIL 21, 2009 DATED : APRIL 21, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the petitioner and Counsel for the respondent. 2. The petitioner is challenging judgment and order passed by the Civil Judge, Junior Division, in Old Civil Suit No.1009/1990 (New RCS No.5777/2000) and also order passed by the District Judge in Civil Appeal No.883/2001 which has set aside the judgment and order passed by the trial court. 3. In my view, writ petition is not maintainable since the petitioner has alternate remedy of filing a second appeal against the said judgment and order passed - 2 - by the District Judge. Writ Petition, therefore, is dismissed since it is not maintainable. 4. Liberty is granted to the petitioner to take appropriate steps to challenge it before the appropriate court. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)