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2025 DAILYLAW 43421 (BOM)

VASANT YADAVRAO CHAVAN v. JAYWANT SARJERAO PATIL

WP/418/2025 · 2025-06-18

Gauri Godse

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

32-WP-418-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 418 OF 2025 Vasant Yadavrao Chavan … Petitioner Vs. Jaywant Sarjerao Patil … Respondent Mr. Abhijit M. Adagule a/w. Ms. Ketaki Patil for the Petitioner. CORAM : GAURI GODSE, J. DATE : 18th JUNE 2025 ORDER : 1. This petition is filed by defendant no. 1 to challenge the order dated 16th July 2024 for recasting issues. 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. 2. 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”). 3. Hence, subject to the aforesaid observations and keeping the liberty open under Section 105 of the CPC, the 1/2 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2025.06.21 00:21:19 +0200 32-WP-418-2025.docx petition is dismissed. The contentions of the parties in the suit are kept open. [GAURI GODSE, J.] 2/2