1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Civil Writ Petition No.7401 of 2006 Musa Imam Mujawar since deceased through his LRs. Petitioners Vs. Shri Babulal Harisharandas Agarwal Respondent Mr.Mandar Limaye with Mr.S.M.Kelkar for petitioners. Mr.Tejas Dande for respondent. CORAM: B.H.MARLAPALLE, J. March 15, 2007. P.C. . This petition is by the original defendant in R.C.S. No.983 of 1990 and the said suit was dismissed on 15/9/1993 and the said dismissal order came to be challenged by the plaintiff in Regular Civil Appeal No.747 of 1993. The learned 6th Ad-hoc Addl. District Judge, Pune was pleased to allow the appeal by judgment and order dated 22/8/2006. The plaintiff’s suit came to be decreed and hence this petition. . In Writ Petition No.4138 of 2006 by a reasoned order dated 24/8/2006 I have already taken a view that both the Courts below are subordinate Courts and, therefore, the order passed by the lower Appellate Court can be challenged by filing a civil 2 revision application under Section 115 of C.P.C. Hence this petition need not be entertained when the petitioner has an alternative statutory remedy. . The petition is, therefore, disposed as withdrawn with liberty to file a civil revision application. Ad-interim order passed on 17/11/2006 shall be continued for a period of two weeks. Annexures be returned if applied for. Pendency of this petition may be considered for condonation of delay, if any. (B.H.MARL