1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR LPA No. 275/2011 in Writ Petition no. 558/2011 M/s Wairagade Engineering Corp. Vs. M/s Bhushan Trading Co. and others. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. S. P. Kshirsagar, Adv. for the appellant. Mr. Rizwy, Advocate for the respondent no.1. CORAM: B.P. DHARMADHIKARI & P.D. KODE, JJ DATED : 21st NOVEMBER, 2011. Heard. Shri Rizwy, learned counsel appearing for respondent no.1 points out that the order of the civil Court passed in execution proceedings has been assailed before the learned Single Bench and the Civil Court was not joined as party-respondent in the writ petition. He, therefore, contends that Article 226 of the Constitution of India was not properly invoked. Shri Kshirsagar, learned counsel for the 2 petitioner, contends that as the petition was under Article 226 and 227 of Constitution of India and and in prayer appropriate writ was sought, it cannot be argued that Article 226 was not properly invoked. After hearing respective counsel, we find that the law in this respect is settled by the Hon'ble Apex Court in Muhammed Enamul Haque Vs. Muammad Hussain, 1968 Mh.L.J. NOC Page 1 and full bench judgment of this Court in the case of Ramchandra Sagoji Rangari and others Vs. Vishwanath Champat Naik and another, 2011 (5) Mh.L.J. 193. Hence, writ of certiorari could not have been issued in the absence of the Civil Court. Moreover, the dispute appears to be civil and private nature. We therefore find that LPA as filed is misconceived. LPA is therefore dismissed with liberty to the appellant to take such steps are open to him in 3 law. At this stage, Shri Kshirsaar states that the possession of the appellant should be protected for a period of six weeks so as to enable the petitioner to approach the Hon'ble Apex Court in the matter. Respective counsel for the respondents are opposing the request. In the interest of justice, interim order to continue for six weeks. The said order shall cease automatically to operate thereafter. JUDGE JUDGE Ambulkar.