: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 WRIT WRIT WRIT PETITION NO. 6121 OF 2003 PETITION NO. 6121 OF 2003 PETITION NO. 6121 OF 2003 Smt. Jaibunnisa Anwar Choudhary .....Petitioner. Versus Versus Versus B.M.C. & Anr. .....Respondents. Shri J.S.Kini, for the Petitioner. Shri V.S.Kapse, for Respondent No.2. CORAM CORAM CORAM : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. DATE DATE DATE : 19TH DECEMBER, 2005 : 19TH DECEMBER, 2005 : 19TH DECEMBER, 2005 P.C. P.C. P.C. : : : 1. Considering the rival contentions raised between the parties that the impugned order is Appealable as an application under Order IX Rule 9 of the Code of Civil Procedure was rejected and the Suit which was dismissed was not restored, without expressing anything on the merit of the matter, as it is Appealable, the present Writ Petition is disposed of, as alternative remedy is available. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)