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2005 DIGILAW 1134 (MAD)

M. N. Vitto Bai & Others v. Hindustan Petroleum Corporation Ltd. & Others

2005-07-21

FAKKIR MOHAMED IBRAHIM KALIFULLA, MARKANDEY KATJU

body2005
Judgment :- Mr. Markandey Katju, C J. This writ petition has been filed with a prayer for eviction against the respondents. In our opinion, a writ petition is not the proper remedy for this relief and instead a suit for eviction before the civil court is the appropriate remedy. Hence, we dismiss this writ petition on the ground of availability of alternative remedy but with a liberty to the petitioners to file a suit before the appropriate civil court and if they do so, the suit will be decided expeditiously, preferably within four months from the date of production of certified copy of this order along with the plaint.