1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.956 OF 2008 Lingappa Ramappa Dhavleshwar ..Petitioner V/s. Mansing Tukaram Sakte and ors. ..Respondents Mr.P.D.Pise, advocate, for petitioner None for the respondents CORAM : S.C.DHARMADHIKARI, J. DATE : 12TH MARCH, 2008 P.C. . This matter was placed for orders on 28th February, 2008. At the request of the petitioner's advocate it was adjourned for two weeks. This was enable to petitioner's advocate to take instructions. 2. The matter is appearing today. None appears for the respondents. The matter has been listed today for orders. 3. The order under challenge is Interlocutory in as much as the applications which have been 2 filed by the petitioner/original defendant No.4 proceed on the footing that proper Court fees are not paid, the suit is pre-mature and that the plaintiff has no locus to proceed with the suit because the Power of Attorney in favour of the plaintiff has been revoked. 4. While rejecting these applications, the Court has observed that the objections cannot be decided without evidence being recorded in the suit. The Court has not refused to take cognizance of the grievances but has observed that these grievances cannot be redressed at this stage. I have no doubt in my mind that based upon the pleas raised the Court below will frame necessary issues and answer them in accordance with law. It is not as if the petitioner will have no opportunity to substantiate the pleas. The observations also will not come in the way of the petitioner. These observations have been made during the course of the consideration of the request by the petitioner to take up the grievances at the threshhold and frame preliminary issue on that basis and answer 3 them accordingly. The court below therefore, must proceed to frame the necessary issues in the suit uninfluenced by the observations in the orders under challenge. All the contentions of both the parties in that behalf are expressly kept open. Petition is dismissed. (S.C.DHARMADHIKARI, J.)