Civil Revision No. 2795 of 2008 (1) In the High Court of Punjab & Haryana at Chandigarh Civil Revision No. 2795 of 2008 (O&M) Date of decision : 22.1.2009 Budh Singh Dhahan ..... Petitioner vs Amarjit Singh and another ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Arun Jain, Senior Advocate with Mr. Vishal Goel, Advocate, for the petitioner. Mr. Ashok Aggarwal, Senior Advocate with Mr. Alok Jain, Advocate, for respondent no. 1. Mr. Karminder Singh, Advocate, for respondent no. 2. Mr. Sumeet Goel, Advocate, for respondents no. 3 to 10. Mr. Ashok Jindal, Advocate, for the applicant. Rajesh Bindal J. The present petition was filed by the President of Guru Nanak Mission Medical & Educational Trust, Dhahan-Kaleran, Tehsil and District Nawanshahr with the following prayer:- “Petition under Article 227 of the Constitution of India for the issuance of an appropriate order declaring the initiation of the proceedings by the contesting respondents and further assuming jurisdiction by the Additional Civil Judge (Senior Division) Nawanshahr and granting relief beyond the prayer of the plaintiff/applicant by passing orders dated 30.1.2008, 25.02.2008 and final order dated 16.4.2008 as illegal and without jurisdiction and further quashing the proceedings and also the impugned orders and such other appropriate order or direction as this Hon'ble Court may deem fit and proper, in the facts and circumstances of the instant case.” Though arguments had been addressed by the learned counsel for the parties at length, however, I do not find that facts in detail are required to be noticed for the purpose of decision of the present petition. It Civil Revision No. 2795 of 2008 (2) would be suffice to mention that present petition arise out of a suit filed by respondent no. 1 against the petitioner and respondent no.2 for declaration challenging his removal as Cashier of the Trust in which in an application filed under Order XXXIX Rules 1 and 2 CPC, interim order was passed on 30.1.2008 and the application for injunction was finally decided vide order dated 16.4.2008. Another order under challenge is dated 25.2.2008 whereby the application filed by the petitioner under Section 92 CPC questioning the maintainability of the suit was dismissed. The undisputed facts on record are that against the interim order passed by the learned court below on 16.4.2008 finally deciding the application under Order XXXIX Rules 1 and 2 CPC, no appeal was filed by the petitioner before the learned lower Appellate Court and the same attained finality. Once the petitioner had effective alternative remedy against the order impugned and was not availed of, a petition under Article 227 of the Constitution of India cannot be entertained. As far as order dated 25.2.2008 dismissing the application filed by the petitioner under Section 92 CPC questioning the maintainability of the suit is concerned, it is not disputed that the order was appealable, and in fact, appeal was also filed against the same before the learned Additional District Judge, Nawanshshr on 4.3.2008 even before filing the present petition before this court impugning the order without even disclosing the fact that remedy of appeal against the order dated 25.2.2008 was being availed of. Not only this, another development which has taken place during the pendency of the present petition is that even the appeal filed by the petitioner against the order dated 25.2.2008 before the learned Additional District Judge, Nawanshahr has been dismissed vide order dated 28.11.2008. Keeping the aforesaid facts in view, in my opinion, the present petition is totally misconceived and is accordingly, dismissed. 22.1.2009 ( Rajesh Bindal) vs. Judge