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Bombay High CourtWP/11559/2014

Sou. Shaileja Kamlakar Khot v. Smt. Sulochana Shankarrao Phatale And ANR.

2015-07-24Hon'Ble Shri Justice M.S. Sonak1 pages

1 WP 11559-14.doc-906

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11559 OF 2014 Sou. Shaileja Kamlakar Khot.

] ... Petitioner

Versus

Smt. Sulochana Shankarrao Phatale and Anr.

] ... Respondents Mr. S. S. Kanetkar for Petitioner.

Mr. Chaitanya Nikte for Respondents Nos.1 and 2. CORAM :- M. S. SONAK, J.

DATE :- JULY 24, 2015 P. C. :- 1.

At this stage, there is no case made out to interfere with the impugned order in exercise of extraordinary jurisdiction. The matter is already reached an advanced stage. However, if ultimately the proceedings are decided against the Petitioner and the Petitioner chooses to institute a substantive appeal, then, it will be open to the Petitioner to challenge the impugned order dated 25/08/2014 by resort to the provisions contained in Section 105 of the CPC or principles analogous thereto.

2.

It is made clear that this Court has not expressed any opinion on the merits of the matter.

3.

With the aforesaid observation, this petition is dismissed. There shall be no order as to costs.

(M. S. SONAK, J.) URS