2000 (11) TMI 42

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....f the court was delivered by S.R.NAYAK J.--Against the impugned order of the second respondent, the petitioner can institute a suit in a civil court to establish the right claimed by it. However, learned counsel for the petitioner would contend that the provision for alternative remedy would not come in the way of this court exercising discretionary power under article 226 of the Constitution o....

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....article 226 of the Constitution of India without exhausting the comprehensive, effective legal remedy by way of a suit before the civil court. It cannot be gainsaid that ultimately the claim put forth by the petitioner before the second respondent touches upon the title to the property and it is quite often held by the courts that title question cannot be decided in a petition under article 226 of....