1 wp5491-11 &5256-11.sxw jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5491 OF 2011 WITH WRIT PETITION NO. 5256 OF 2011 Narayen Ugar .. Petitioner Versus Mukund Ugar and others .. Respondents Mr. Narayen Ugar- in person in both the petitions. Mr. A.G. Domle, Advocate for respondent Nos. 1 and 2 in both the petitions. CORAM: R. M. BORDE, J. DATED : 23th August, 2011 P. C. 1. In both these writ petitions, the petitioner-party in person, is raising exception to the orders passed in Misc. Application Nos. 209 of 2007 and 210 of 2007, by the 5th Joint Civil Judge, Senior Division, Pune, on 7th June, 2011. 2. The petitioner-party in-person presented two separate applications for setting aside the order of dismissal of suits and for restoration thereof, in exercise of power under Order 9 Rule 9 of the Code of Civil Procedure. The Suits 2 wp5491-11 &5256-11.sxw ( Spl. Civil Suit Nos. 474/86 and 815/87) presented by the plaintiff- party in person were dismissed by the trial Court on account of failure of the plaintiff to lead evidence in the matter, in exercise of powers under Order 9 Rule 8 of the Code of Civil Procedure. 3. It is to be noted that the order passed by the trial Court in both these suits in exercise of powers under Order 9 Rule 9 of the CPC, is appelable, in view of the provisions of Order 43 Rule 1 (c) of the CPC. Since there is efficacious alternate remedy of presenting an appeal from order for challenging the orders impugned in these petitions, these petitions presented under Article 227 of the Constitution of India are not entertainable. The petitions, therefore, deserve to be rejected. 4. However, the petitioner-party in person shall have liberty to challenge the orders impugned in these petitions by presenting separate appeals from order under Order 43 Rule 1(c) of the CPC. The petitioner is at liberty to present appeals challenging the impugned orders before the appropriate forum in accordance with the provisions of law. 3 wp5491-11 &5256-11.sxw 5. If the petitioner- party in-person proceeds to file appeals in accordance with the provisions of law within one month from today, the first Appellate Court shall take into consideration the time taken in prosecuting the remedy of writ petition before this Court, while considering the application seeking condonation of delay which would be presented along with the appeals. 6. Both the petitions stand rejected with liberty as recorded above. ( R. M. BORDE, J.)