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.5892 OF 2008 Shri Suresh Ganpati Malli & ors. ..Petitioners. V/s. Shri Meeraso Allauddin Fulari & Ors. ..Respondents. Mr.S.V.Dhakephalkar for petitioners. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 30, 2008. DATE : AUGUST 30, 2008. DATE : AUGUST 30, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioners. 2. In my opinion, no interference in exercise of writ jurisdiction under Article 227 of the Constitution is warranted against the discretionary and interlocutory Order passed by the two Courts below. 3. The grievance of the Petitioners is that the opinion of the two Courts below though concurrent is founded on Commissioner’s report, which has been prepared without considering all relevant aspects and moreso without giving opportunity to the Petitioners at the relevant time. This grievance has been considered by the Court below and rejected. 2 4. I see no reason to depart from the said view taken by the Courts below. Hence Petition is dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)