IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 27.11.2008. S.B. CIVIL WRIT PETITION NO.5774/2008 Rameshwar & Ors. Vs. State of Rajasthan & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri C.L. Saini, for the petitioners. Shri Mahendra Goyal} Shri Pancham Surana}, for the respondents. The matter comes up on the application bearing No.28222 filed by the respondent for vacation of the exparte interim order dated 5.6.2008. Since the submissions on the application as well as the main writ petition are the same, the writ petition itself has been heard because the writ petition has not been admitted so far. The objection of the learned counsel for the respondent is that the petitioner has filed the writ petition against the judgment and decree of the learned trial court vide order dated 26.5.2008 while accepting the objections filed by the defendant by way of the application under order 7 rule 11 CPC and the same is available as Annexure-6 on record. Learned counsel for the respondent has submitted that the judgment and decree dated 26.5.2008 passed by the learned trial court being appealable under Section 96 CPC the writ petition would not be maintainable on the ground of alternative statutory remedy of appeal. The learned counsel for the petitioner on the other hand submits that the order passed on 26.5.2008 is wholly without jurisdiction and therefore the petitioner has challenged the same in writ petition. I am of the view that the objection raised by the learned counsel for the respondent deserves to be accepted as against the decree and judgment passed on 26.5.2008, the petitioner plaintiff has a statutory right of appeal. On the principle of statutory alternative remedy being available to the petitioner this writ petition is not maintainable. Consequently, this writ petition is dismissed on the ground of alternative remedy. The petitioner if so advised may file a regular appeal against the judgment and decree dated 26.5.2008. The Registry is directed to return the documents filed along with writ petition to the learned counsel for the petitioner to enable the petitioner to file an appeal if so advised and retain photo stat copies of the same on record. The time spent by the petitioner in pursuing the remedy before this court may be considered for condonation of delay in filing the appeal. For a period of two weeks, the interim order passed by this court shall remain in force to enable the petitioner to file the appeal. Thereafter the interim order shall stand vacated automatically if no appeal is filed. In case such an appeal is filed the appellate court shall decided the matter of stay on merits without being influenced by the order passed by this court. The writ petition as well as the application stand dismissed. (DALIP SINGH),J. Ramchandrkhatri,PS