UNION OF INDIA THROUGH THE SECRETARY AND ORS. v. MAIRE VENKATRAMANA NAYAK AND ORS.
WP/907/2020 · 2026-10-07
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[ 2026 DAILYLAW 16301 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16301 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
26-WP-907-2020.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 907 OF 2020 Union Of India Through The Secretary and Ors. …Petitioners Vs. Maire Venkatramana Nayak and Ors. …Respondents Mr. Ashish Mehta for the petitioners.
CORAM : GAURI GODSE, J.
DATE :
7th OCTOBER 2026
ORDER :
1. This writ petition is filed by the original defendants to challenge the order passed by the trial court rejecting their application for framing additional issues.
2. The impugned order is purely an interlocutory order which in no manner affects the rights of the parties. No prejudice is caused to the petitioners.
3. Normally, court should be very slow in interfering with such an interlocutory order in its discretionary jurisdiction under Article 227 of the Constitution of India. Moreover, in view of Section 105 of the Code of Civil Procedure, 1908 (“CPC”) the impugned order can always be challenged in an 1/2 Swapnil 2026:BHC-AS:40907
26-WP-907-2020.docx appeal against the decree which may be passed in the suit, in the event the decree is adverse to the petitioners.
4. Subject to the aforesaid observations, the writ petition is rejected while keeping rights and contentions of the parties in the suit open.
[GAURI GODSE, J.] 2/2