507-WP-15202-2024.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15202 OF 2024 Balasaheb Baburao Gorpade … Petitioner Vs. Sayajirao Baburao Ghorpade … Respondents And Others Mr. Aditya Desai for the Petitioner. CORAM : GAURI GODSE, J. DATE : 11th JULY 2025 ORDER : 1. Not on board. Taken on the production board. 2. This petition is filed by defendant no. 1 to challenge the order for recasting issues. The suit is pending for recording evidence of the plaintiff. The impugned order is purely an interlocutory order. Normally, court should be slow in interfering with such interlocutory order in its discretionary jurisdiction under Article 227 of the Constitution of India. 3. In the event the final decree is adverse to the petitioner, it is always open for the petitioner to challenge the impugned order, as permitted under Section 105 of the Code of Civil Procedure, 1908 (“CPC”). 1/2 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2025.07.14 21:58:44 +0200 507-WP-15202-2024.docx 4. Hence, subject to the aforesaid observations and keeping the liberty open under Section 105 of the CPC, the petition is dismissed. The contentions of the parties in the suit are kept open. [GAURI GODSE, J.] 2/2