1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 643 OF 2008 H.S. Billimoria ...Petitioner Versus Life Insurance Corporation of India & Anr. ...Respondents Ms. Rajani Iyer with Mr. P. Pooniwala i/by M/s. Mulla & Mulla & Craigie Blunt & Caroe for the Petitioner Mr. V.Y. Sanglikar for Respondent No. 1. CORAM: B ILAL NAZKI and A.P. DESHPANDE, JJ. DATE: APRIL 10, 2008 P.C.:- The petitioner is aggrieved by an order passed by the Estate Officer, directing the petitioner to lead evidence first in an eviction proceedings. The petitioner is one of the two alleged unauthorised occupants of the premises. 2. We feel that the interest of justice would be met by not going into the merits of the case at this stage, because that may prejudice either of the parties before the Estate Officer, particularly when an appeal is provided to the District Judge against an order passed by the Estate Officer. The petitioner may lead evidence, without prejudice to 2 his rights, and if, ultimately, an order is passed by the Estate Officer against him, and he feels aggrieved by such an order, he may take the plea he has taken in this petition challenging the impugned order in the appeal as well. With these observations, the petition is disposed of. BILAL NAZKI, J. A.P. DESHPANDE, J.