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Bombay High Court

SAU. PUSHPA ANIL BANSODEversusSAU REKHA SANJAY KATARE AND ORS.

Decided
Disposal
Dismissed

Holding

Interlocutory orders of this nature are not subject to writ jurisdiction under Article 227 and must be challenged in an appeal under Section 105 of the CPC.

Summary

The petitioners sought a writ of certiorari to set aside a trial court order that rejected their application for the appointment of a Court Commissioner. They argued that the order, though interlocutory, affected their rights and should be reviewable under Article 227 of the Constitution. The High Court observed that courts are generally reluctant to interfere with interlocutory orders and that such orders can be challenged only in an appeal against the final decree under Section 105 of the Code of Civil Procedure, 1908. Consequently, the petition was dismissed, but the court kept the parties' substantive rights and contentions in the underlying suit open for determination. The decision underscores the limited scope of writ jurisdiction over interlocutory orders and the availability of statutory appeal remedies.

Issues considered

  • Whether an interlocutory order rejecting an application for appointment of a Court Commissioner is amenable to writ jurisdiction under Article 227 of the Constitution of India.
  • Whether Section 105 of the Code of Civil Procedure, 1908 bars a writ petition and provides the exclusive remedy of an appeal against the decree.

Legislation cited

Subjects

  • interlocutory order
  • writ jurisdiction
  • Article 227
  • Section 105 CPC
  • Court Commissioner
  • appeal
  • civil procedure

Judgment

                                                                           14-wp-1886-2017.doc




           varsha
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION
                                       WRIT PETITION NO. 1886 OF 2017


                     Sau. Pushpa Anil Bansode                              … Petitioner
                                 vs.
                     Sau Rekha Sanjay Katare and Ors                       … Respondents


                     Mr. Nikhil M. Pujari i/b. P.N. Joshi for Petitioner
                     Mr. Sugandh Deshmukh a/w. Mr. Aniket Kanawade a/w. Mr. Aryan
                     Deshmukh for Respondent Nos. 2 to 5.
                                                      CORAM : GAURI GODSE, J.
                                                       DATED : 24th MARCH 2026


                     ORDER:

                     1.    This petition is filed by the plaintiffs to challenge the order
        Digitally
        signed by
        VARSHA
VARSHA VIJAY
                     passed by the trial court rejecting their application for appointment
VIJAY   RAJGURU
RAJGURU Date:
        2026.03.25
        14:53:40
        +0530
                     of the Court Commissioner. Learned counsel for the petitioner

                     submits that the suit has proceeded and it is at the stage of

                     recording evidence. The impugned order is purely an interlocutory

                     order which in no manner affects the rights of the parties..

                     2.    Normally, court should be very slow in interfering with such an

                     interlocutory order in its discretionary jurisdiction under Article 227 of

                     the Constitution of India. Moreover, in view of Section 105 of the

                     Code of Civil Procedure, 1908 (“CPC”) the impugned order can
                                                    Page no. 1 of 2
                                               14-wp-1886-2017.doc



always be challenged in an appeal against the decree which may be

passed in the suit, in the event the decree is adverse to the

petitioner.

3.     Subject to the aforesaid observations, the petition is

dismissed while keeping rights and contentions of the parties in the

suit open.



                                               (GAURI GODSE, J.)




                            Page no. 2 of 2


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