1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3186 OF 2008 (Kamal Rambalak Verma & Anr. vs. Rakesh Kamal Verma ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. OCTOBER 14, 2008. Heard Shri Voditel, learned counsel for the petitioners. Nobody appears for the respondent, though he is served. The challenge is to the order dated 21.4.2008 delivered by the 6th Joint Civil Judge, Junior Division, Nagpur, in Regular Civil Suit No. 1400 of 2007. By that order, the application for temporary injunction filed by present respondent has been allowed and present petitioners (defendants therein) are restrained temporarily from disturbing the peaceful possession of respondent over the suit property till final decision of the suit. The grievance before me is that in some portion of the property, a company i.e. a third person is carrying on its business and because of impugned order, the petitioners, who manage that company are prohibited from entering the premises in possession of the company and from carrying on 2 its activities. It is contended that thus, the order as granted needs to be read as restricted to area in possession of respondent only and this grievance can be looked into more efficiently by this Court in exercise of writ jurisdiction. I find that as the suit is Regular Civil Suit, the petitioners could have filed an appeal i.e. Misc. Civil Application under Order 43, Rule 1(u) of Civil Procedure Code before the District Court against the impugned order dated 21.4.2008 or then in any case if the order was being implemented erroneously in excess of what has been granted, the complain about such illegal use of order before the trial Court itself. As the matter is pending before the trial Court, the trial Court is better placed to consider such grievance. In the circumstances, I am not inclined to interfere in the matter in writ jurisdiction in view of alternate and equally efficacious remedy available to the petitioners. Writ Petition is dismissed. No order as to costs. JUDGE *GS.