IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1476 OF 2009 Baiduzaman Mohammed Ishak Khan ...Petitioner V/s. Shri Azim Beg & Ors. ...Respondents ...... Mr.V.K.Gupta i/b M/s.Gupta & Gupta for Petitioner. Mr.R.A.Thorat for Respondents 1 & 2. Mr.M.M.Malwankar for Respondent No.3. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 4, 2009. MARCH 4, 2009. MARCH 4, 2009. P.C. 1. Heard Counsel for the parties. 2. This Petition is filed taking clue from the observation made in my order dated 29th August 2008 in Writ Petition No.6067 of 2008. By this Petition, the order passed on 3rd October 2007 is sought to be challenged. It is not possible to entertain such Petition. Especially, when the : 2 : Petitioner had failed to challenge the said order at the appropriate stage. 3. Taking any view of the matter, the opinion recorded by the Court below is only at the interlocutory stage and a discretionary indulgence shown to the Defendants. Assuming that there is some error of jurisdiction committed by the lower Court in the impugned order, however, indubitably the same is capable of being corrected at a later stage. As observed by the Apex Court in the case of Surya Dev Rai v. Ram Chander Rai & Ors. Surya Dev Rai v. Ram Chander Rai & Ors. Surya Dev Rai v. Ram Chander Rai & Ors. reported in (2003) 6 SCC 675 reported in (2003) 6 SCC 675 reported in (2003) 6 SCC 675, in particular, in Paragraph 39, that the wrong done, if any, could 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. Hence, dismissed. 4. Needless to observe that all questions raised in the present Petition are kept open to be agitated by the Petitioners in the appeal or : 3 : 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. A.M.KHANWILKAR, J.