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.1861 OF 2009 Daryl P. Mathew. ..Petitioner. V/s. Shivmurat B. Singh & Anr. ..Respondents. Mr.D.A.Joseph i/b. M/s.David & Associates for petitioner. Mr.R.S.Apte i/b. Ms. Shaswati S. Sarkar for Respondent No.2. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 26, 2009. DATE : FEBRUARY 26, 2009. DATE : FEBRUARY 26, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. The view taken by the Lower Court being a possible view and moreso being discretionary order passed at the interlocutory stage, no interference in exercise of writ jurisdiction is warranted, especially in view of the finding of the lower Court that the Applicant/Respondent No.2 had interest in the suit property, for which reason, will have to be termed as proper party, if not necessary party. Dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)