1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.6873 OF 1999 Raju Jeswani ...Petitioner vs. P.N.Devarajan ...Respondent Mr.S.P.Kanuga with Ms Sapana Nath for the petitioner Ms B.G.Tanksali for the respondent CORAM :A.S.OKA,J. DATE : JANUARY 7, 2010 JUDGMENT : 1 The challenge in this Writ Petition under Article 227 of the Constitution of India is to the Judgment and Decree dated 28 th October 1989 by which the suit for declaration and injunction filed by the respondent was decreed. It appears that the present Petition was filed on 13 th December 1999 in this Court presumably on the assumption that the suit may be one under section 6 of the Specific Relief Act,1963 (hereinafter referred to as the said Act). After hearing the respondent, rule was issued on 24 th October 2001. Perusal of the plaint and the impugned Judgment shows that the suit is not under section 6 of the said Act. Hence, a remedy of preferring an Appeal is available to the petitioner. Considering the time spent in obtaining the certified copies, this Writ Petition was filed within the limitation provided for preferring an Appeal before the District Court. Considering these facts, the petitioner will have to be 2 protected so far as limitation is concerned. 2 Hence, I pass the following order : i) Petition is dismissed with liberty to the petitioner to prefer an Appeal against the impugned Judgment and Decree. ii)If the Appeal is preferred within a period of six weeks from today, objection regarding limitation will not be raised and the Appeal shall be registered and admitted for final hearing. iii)If such Appeal is preferred within the stipulated period, interim relief granted in the Writ Petition will continue to operate till the disposal of the Appeal. iv)Considering the fact that the decree has been passed in the year 1989, the Appeal shall be decided as expeditiously as possible and in any event within a period of four months from the date on which the notice of the Appeal is served on the respondent. v) All contentions of the parties on merits are kept open. vi)The concerned Appellate Court to act upon an authenticated copy of this order. JUDGE