1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2579 OF 2009 Vasant N. Dhore & Anr. ..Petitioners. V/s. Shivaji Namdeo Dhore & Anr. ..Respondents. Mr.Pallavi Dabholkar for petitioners. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioners. 2. The argument of the Petitioners is that in the former suit measurement was not done in respect of Gat No.443. This submission clearly overlooks the statement recorded in the reply that measurement in respect of Gat No.444 as well as 443 was undertaken on 24th May, 1998, which case has been accepted by the Court below. The order impugned being discretionary order no interference in exercise of writ jurisdiction is warranted. Assuming that the lower Court has committed some error of jurisdiction, that can always be corrected in the appeal or revision to be filed against the final decision of the lower Court, if required to be filed by the 2 Petitioners. As observed by Apex Court in the case of Surya Dev Rai vs. Ram Chander Rai & Ors. Surya Dev Rai vs. Ram Chander Rai & Ors. Surya Dev Rai vs. Ram Chander Rai & Ors. reported in (2003) 6 SCC 675, reported in (2003) 6 SCC 675, reported in (2003) 6 SCC 675, in particular, in paragraph 39, no interference is warranted. 3. Petition is dismissed with liberty to the Petitioners to agitate the grievance made in this Petition in proposed appeal or revision to be filed by the Petitioners against final decision of the lower Court. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)