IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2315 OF 2009 M/s.Tribhuvandas & Co. & Anr. ...Petitioners V/s. Smt.Tolabai Nagu Namde & Ors. ...Respondents ...... Mr.Atul P.Vanarse for Petitioners. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 12, 2009. MARCH 12, 2009. MARCH 12, 2009. P.C. 1. Heard Counsel for the Petitioners. 2. In my opinion, no interference in exercise of writ jurisdiction is warranted with the discretionary order passed by the Court below on the basis of finding recorded in Paragraph 8 that the Petitioners herein had not challenged the evidence given by the Appellant No.3 that the Appellant No.1 was sick for quite sometime and bed ridden. : 2 : 3. Counsel for the Petitioners, however, submits that the Court could not have exercised discretion in the fact situation of the present case having regard to the provisions of Order 17 Rule 1 Sub-rule (1) of the Code of Civil Procedure. I see no substance in this submission. Dismissed. A.M.KHANWILKAR, J.