Dismissed

Dr. Gurudas R. Harshe and Anr. v. Sandeep Shashikant Nerlekar

Bombay HC12 Mar 2009WP/1432/2009

Case brief

AI extract

What is this about?

This one-paragraph order dismissed a writ petition challenging an interlocutory discretion order of the lower court. The bench referred to an Apex Court precedent, holding that any error is correctable later and specific rights/equities await assessment at the conclusion of proceedings, warranting no interim writ interference.

What did the court decide?

Petition dismissed; all questions kept open to be agitated in appeal or revision at the conclusion of proceedings.

Dr. Gurudas R. Harshe and Anr. Vs… — Constitutional and Fundamental Rights | Bombay HC (2009)

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Lsp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 1432 of 2009

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Dr. Gurudas R. Harshe & anr. ...Petitioners V/s. Sandeep Shashikant Nerlekar ...Respondent Mr. A.B.Borkar for the petitioner.

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CORAM : A.M.KHANWILKAR,J. DATED : MARCH 12, 2009

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P.C. 1. Heard. 2. The order impugned in this Petition is a discretionary order passed by the Court below at the interlocutory stage. Assuming that there is some error of jurisdiction committed by the lower Court in the impugned order, however, indubitably the same is capable of being corrected at a later stage. As observed by the Apex Court in the case of Surya Dev Rai & ors. v/s. Ram Chander Rai & ors. reported in (2003) 6 SCC 675, in particular, in Paragraph 39, that the wrong done, if any, could be set right and the rights and equities can be adjusted in appeal or revision preferred at the conclusion of the proceedings, no interference in exercise of writ jurisdiction is warranted. Hence, Dismissed.

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Needless to observe that all questions raised in

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the	present	Petit	ion	are	kept	open	to	be	agitated	by the
Petition	ers	in		the	appeal	or	revision	to	be	preferred
against	the		final		decision	at	the	conclusio	n	of the

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proceedings which will have to be considered on its own

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merits in accordance with law.

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[A.M.KHANWILKAR,J.]

Dr. Gurudas R. Harshe and Anr. v. Sandeep Shashikant Nerlekar

Case brief

What is this about?

What did the court decide?

Dr. Gurudas R. Harshe and Anr. v. Sandeep Shashikant Nerlekar

Case brief

What is this about?

What did the court decide?

What the court decided

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