The High Court dismissed a writ petition challenging a discretionary interlocutory order. Relying on Surya Dev Rai, the Court held that any jurisdictional error can be corrected in subsequent appeal or revision.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1571 OF 2009
Shri Hukmichand @ Dinesh
Fulchand Oswal & Anr. ...Petitioners
V/s.
Shri Bhujballi Bhau Bahirsheth
deceased through his legal heirs:
1) Shri Baburao Bhujballi Bahirsheth
& Ors. ...Respondents
Mr.Amit B.Borkar for Petitioners.
None for Respondents.
......
CORAM: A.M.KHANWILKAR, J.
FEBRUARY 24, 2009.
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
: 2 :
stage. As observed by the Apex Court in the case
of Surya Dev Rai v. 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.
3. Needless to observe that all questions
raised in the present Petition are kept open to be
agitated by the Petitioners in the appeal or
revision to be preferred against the final decision
at the conclusion of the proceedings which will
have to be considered on its own merits in
accordance with law.
A.M.KHANWILKAR, J.
1 issue framed by the court
Whether the High Court should interfere with a discretionary interlocutory order of the court below.
Colour shows how this judgement treated each authority
Surya Dev Rai v. Ram Chander Rai & Ors.Applied¶16
Surya Dev Rai v. Ram Chander Rai & Ors. reported in (2003) 6 SCC 675 · Who else cites this
Shri Hukmichand @ Dinesh Fulchand Oswal
Shri Bhujballi Bhau Bahirsheth
Shri Baburao Bhujballi Bahirsheth
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court