1 989-WP-10908-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 989 WRIT PETITION NO. 10908 OF 2026 Prakash Vitthal Kale Died Thr Lrs Ashalata Died Thr Rajanikant Prakash Kale And Ors VERSUS Maharashtra Pulse Mills Jalgaon Thr Its Partner Ashwin H Shah And Ors ... Mr.Girish S. Rane for the Petitioners. Mr.Vijay Bhalerao Patil for Respondent No.1. ... CORAM : MANJUSHA DESHPANDE, J. DATE : 04.09.2026 PER COURT : 1. Learned Advocate appearing for the Petitioners, after arguing the matter for some time, submits that an objection has been raised by learned Advocate appearing for the Respondents that the Petitioners have an alternate remedy of filing a Miscellaneous Appeal before the District Court under Order 48 Rule 1(i) of the Code of Civil Procedure, 1908. Upon considering the said provision, learned Advocate for the Petitioners submits that the Petitioners may avail of the said remedy before the District Court. 2. However, since the Petitioners have been prosecuting the present Writ Petition before this Court, the period of limitation prescribed for availing the aforesaid remedy has already expired. The Petitioners were prosecuting the present proceedings under a bona fide impression that the impugned order was required to be challenged before this Court. Sunny Thote 2026:BHC-AUG:41553 2 989-WP-10908-2026.odt 3. In the event the Petitioners avail of the remedy of filing a Miscellaneous Appeal before the learned District Judge, the learned District Judge shall take into consideration the aforesaid circumstances and the reasons for the delay caused in filing the Miscellaneous Appeal, and consider the same in accordance with law. All the points and contentions of the respective parties are kept open to be agitated before the District Judge. 4. In view of the alternate remedy available to the Petitioners, the Writ Petition stands disposed of, with liberty to the Petitioners to avail of the said remedy in accordance with law. [ MANJUSHA DESHPANDE, J. ] Sunny Thote