IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION Writ Petition No.8736 of 2007. Writ Petition No.8736 of 2007. Writ Petition No.8736 of 2007. Sushmita H. Dasgupta ..Petitioner versus Naseem Z. Zamadar ..Respondent Mrs.S. Dasgupta, Petitioner present in person Mr.S.P.Thorat for the Respondent Coram : S.C.Dharmadhikari, J. Coram : S.C.Dharmadhikari, J. Coram : S.C.Dharmadhikari, J. Dated : 5th February, 2008 Dated : 5th February, 2008 Dated : 5th February, 2008 P.C. 1. The order under challenge is passed by the District Court at Pune in Civil Appeal No.27 of 2007. That Appeal is directed against the judgment and Decree dated 8th November, 2005 in Civil Suit No.1269 of 1991 / Civil Suit No.441 of 2000. The decree is passed by the 7th Joint Civil Judge, Senior Division, Pune. 2. In the above circumstances, the Writ Petition under Article 227 of the Constitution of India would not be maintainable and the petitioner’s remedy is to challenge the Appellate Decree in Second Appeal. -2- 3. In such circumstances, this Writ Petition is allowed to be withdrawn with liberty to file Second Appeal. (S.C.Dharmadhikari, J.) (S.C.Dharmadhikari, J.) (S.C.Dharmadhikari, J.)