1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.265 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri A. M. Kulkarni for the Petitioners. -- CORAM : A.S.OKA, J. DATE : 19th January 2010. P.C.: . Heard learned counsel appearing for the Petitioners. By this Writ Petition under Article 227 of the Constitution of India, the Petitioners who are the Original 1st and 2nd Respondents, have taken an exception to an order dated 2nd September, 2009 passed by the trial Court. An application was made by the Petitioners at Exhibit-160 contending that the Plaintiffs have claimed two contradictory reliefs in the alternative in the Plaint. The prayer in the application is that the Plaintiffs be directed to elect one of the two reliefs claimed in the alternative before the trial Court proceeds. 2. Apart from the fact that the impugned order is 2 purely of interlocutory nature which is capable of being challenged in an Appeal which may be preferred by the Petitioners against a decree passed in the suit, the Petitioners can cross-examine the Plaintiffs and their witnesses on all aspects including the contentions raised in the application at Exhibit – 160. If at the time of final hearing, the Court is satisfied that there were contradictory prayers made in the alternative and that the Plaintiffs failed to elect one of the two reliefs claimed in the Plaint, it will be open for the trial Court to consider the legal effect thereof. 3. Subject to what is observed above, the Writ Petition is not entertained and the same is rejected. (A.S.OKA,J)