Hon’ble High Court of Bombay while dismissing this writ petition, has held in this judgment that,

The opening words of Sub Section (2) of Section 28 viz.”Nothing in Sub Section (1) shall prevent the Court” clearly indicate that notwithstanding the procedure prescribed in 28(1) r/w. Rule 6(5) the Court is empowered to lay down its own procedure in deciding the application under Section 12 or 23(2) of the D.V.Act.