IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.8719/2008 {Manoj Kumar Dhaka Versus Municipal Board, Mandawa & Others} Date of Order :: 1st September, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Suresh Chand Dhanwal for Mr. Praveen Balwada for the petitioner BY THE COURT: Heard the learned counsel for the petitioner. 2. This writ petition is directed virtually against the impugned order dated 15th July, 2008 (Annexure-1) passed by the Civil Judge (Junior Division), Jhunjhunu rejecting the application of the plaintiff-petitioner under Order 39 Rule 1 & 2 CPC. The impugned order admittedly appelable under Order 43 CPC, but without availing an opportunity of alternative remedy by way of an appeal, the petitioner has preferred this writ petition directly before this Court on the ground that auction proceedings will take place in the matter on 2nd September, 2008, therefore, no time is left for him to approach first appellate court. -2- 3. The submission of learned counsel for the petitioner in approaching directly before this Court does not appear to be legal and justified. The impugned order was passed way back on 15th July, 2008 and instead of wasting time in preparing and filing the writ petition before this Court, he could have filed an appeal before the first appellate court. In these circumstances, I am not inclined to grant any indulgence in the matter and this writ petition deserves to be dismissed only on the ground of alternative remedy available to the petitioner. 4. In view of above, the writ petition is, accordingly, dismissed. (NARENDRA KUMAR JAIN),J. DK IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Misc. Stay Application No. 1814/2008 In S.B. Civil Writ Petition No.8719/2008 {Manoj Kumar Dhaka Versus Municipal Board, Mandawa & Others} Date of Order :: 1st September, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Suresh Chand Dhanwal for Mr. Praveen Balwada for the petitioner Consequent upon the dismissal of the writ petition, the stay application, filed therewith does not survive and the same also stands disposed of. (NARENDRA KUMAR JAIN),J. DK