Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1492 of 2009 Prakash Nivrutti Bongale ...Petitioner V/s. Adinath Pandurang Kalekar ...Respondents Mr. A.B. Borkar for the petitioner. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 18TH FEBRUARY, 2009 : 18TH FEBRUARY, 2009 : 18TH FEBRUARY, 2009 P.C. 1. Heard. 2. The order impugned in this Petition is not only a discretionary order but passed at the interlocutory stage. The error of jurisdiction though committed by the lower Court in the impugned order, is capable of being corrected at a later stage. As observed by the Apex Court in the case of Surya Dev Rai & ors. v/s. Ram Surya Dev Rai & ors. v/s. Ram Surya Dev Rai & ors. v/s. Ram Chander Chander Chander Rai & ors. reported in (2003) 6 SCC 675, Rai & ors. reported in (2003) 6 SCC 675, Rai & ors. reported in (2003) 6 SCC 675, in particular, in Paragraph 39, that the wrong done, if any, would be set right and the rights and equities can be adjusted in appeal or revision preferred at the conclusion of the proceedings, no interference in exercise of writ jurisdiction is warranted. Dismissed. 3. Needless to observe that all questions raised in 2 the present Petition can be agitated by the Petitioners in the appeal or revision to be preferred against the final decision at the conclusion of the proceedings which will have to be considered on its own merits in accordance with law. All questions in that behalf are left open. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]