1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Appeal No.209 of 2009 In Chamber Summons No.586 of 2007 In Suit No.437 of 1987 Jagannath Govindrao Joshi & ors. Appellants Vs. Tukaram Hari Shelar & anr. Respondents Ms.Seema Sarnaik for appellants. Mr.Prashant More i/b. Mr.S.R.Mishra for respondent no.1. Ms.Sharmila Deshmukh for respondent no.3. CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR,JJ. July 10, 2009. P.C. 1. Heard Ms.Sarnaik, the learned counsel for the appellants. 2. The challenge raised in this appeal is left open to be agitated if and when the final decree goes against the present 2 appellants and we make it clear that we have not dealt with the challenge raised in this appeal on merits. 3. With these clarifications the appeal is disposed. (S.J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)