1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1274 OF 2010 Suresh Ratna Mali .. Petitioner versus Carolyin Co-op. Hsg.Society Ltd & Anr. .. Respondents Mr.J.M.Chodankar for the petitioner. Ms.V.R.Kalekar for the respondents. CORAM : A.S.OKA, J. DATE : 16th February 2010. P.C: . Not on board. Taken on board. 2. Taken up for admission on the request made by the learned counsel appearing for the petitioner as he states that there is an urgency. 3. The petitioner is the original defendant. The petitioner made an application for deleting the issue No.3 and for framing an additional issue. The 1st respondent-plaintiff has already filed affidavit in lieu of examination in chief and the suit is fixed on 22nd February 2010 for cross-examination of the witness of the 1st respondent. 4. The order impugned is purely of interlocutory nature which is capable of being challenged in an appeal which may be preferred by the petitioner against the decree passed in the suit if the same be adverse to the petitioner. At this stage, no interference is called for in writ jurisdiction under Article 227 of the Constitution of India. 2 5. Subject to what is observed above, writ petition is not entertained and the same is rejected. 6. All contentions of the petitioner on merits are expressly kept open. (A.S.OKA,J)