IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3804 OF 2007 Ratnagiri Zilla Khadi Sangh ...Petitioner V/s. Dhaku Anant Aarolkar ...Respondent ...... Mr.S.S.Dube for Petitioner. Mr.Anilkumar Patil for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. APRIL 3, 2009. APRIL 3, 2009. APRIL 3, 2009. P.C. 1. Preliminary objection is taken regarding maintainability of this Writ Petition. According to the Respondent, the Suit filed by the Petitioner was not under the provisions of Bombay Rent Act. Decision in the said Suit was therefore amenable to appeal and against that appeal, at best, Second Appeal under the provisions of Code of Civil Procedure. 2. It is seen that the suit premises are : 2 : situated in Taluka Kankavli to which provisions of Bombay Rent Act had no application at the relevant point of time when the Suit was instituted. Obviously, therefore, the Suit proceeded under ordinary law, for which reason, final decision in such a Suit was amenable to Appeal and further Second Appeal under the provisions of Code of Civil Procedure. Since the Petitioner has statutory remedy, the question of entertaining Writ Petition does not arise. 3. Counsel for the Petitioner submits that the Petitioner be permitted to convert this Writ Petition in Second Appeal. That request cannot be entertained, as the memo of Second Appeal would be entirely different than the Memorandum of Writ Petition and more so, the Petitioner will have to make out substantial questions of law which may arise for consideration so as to maintain Second Appeal before this Court. 4. In the circumstances, this Petition is allowed to be withdrawn with liberty to the Petitioner to pursue remedy of Second Appeal, if so : 3 : advised. All questions in the said Appeal will have to be addressed on its own merits including the question of limitation. A.M.KHANWILKAR, J.