1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.5378 OF 2009 Alka Ramesh Sharma ...Petitioner vs. Vithalrao Ganpatrao Hande & Ors. ...Respondents Mr.S.O.Barne for the petitioner Mr.Sandeep Shinde for the respondents CORAM :A.S.OKA,J. DATE : AUGUST 28, 2009 P.C. 1 By this writ petition under Article 226 and 227 of the Constitution of India, the petitioner-original plaintiff is praying for quashing and setting aside the Judgment and Decree dated 16th march 2009 passed by the trial court by which the suit filed by the petitioner has been dismissed on merits. The learned counsel for the petitioner does not dispute that a remedy of preferring a substantive appeal under section 96 of the Code of the Civil Procedure,1908 is available to the petitioner. He, however, submits that the entire decision making process adopted by the trial court is erroneous and therefore, in exercise of writ jurisdiction, the judgment needs to be corrected and the suit deserves to be remanded to the trial court. 2 A remedy of preferring a substantive appeal under section 96 of the said Code is available to the petitioner. Only on this ground, this writ petition is not entertained and the same is rejected by keeping the statutory remedy open. JUDGE