IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 1720 OF 2006. PETITION NO. 1720 OF 2006. PETITION NO. 1720 OF 2006. Shri Vijay Ramchandra Gaikwad and another. ... Petitioners. V/s. Smt.Vijaya Meghasham Gaidhani and others. ... Respondents. S.S.Kulkarni for the petitioners. CORAM: CORAM: CORAM: V.C.DAGA, J. V.C.DAGA, J. V.C.DAGA, J. DATED: DATED: DATED: 16th March 2006. 16th March 2006. 16th March 2006. P.C.: P.C.: P.C.: . Heard learned counsel for the petitioners. . No case is made out to interfere with the impugned order. . However, it is made clear that in view of the law laid down by this Court in the case of Shah Shah Shah Babulal Khimji v. Jayaben D. Kenia Babulal Khimji v. Jayaben D. Kenia Babulal Khimji v. Jayaben D. Kenia, AIR 1981 SC 1786 (para-107, 109), it would be open for the petitioners to challenge the impugned order if, ultimately, they suffer adverse order and are required to challenge the same before higher forum. In that event, this order of dismissal shall not come in their way. All rival contentions are kept open. . With this clarification, petition is dismissed with no order as to costs. (V.C.DAGA, (V.C.DAGA, (V.C.DAGA, J.) J.) J.)