Not the right forum

"The relief that has been sought clearly lies outside the purview of the jurisdiction in a review. But quite apart from that, the attention of the Court has now been drawn to the fact that a special leave petition has been filed against the judgment of this Court which is pending before the Supreme Court.
"In view of the matter, it would be manifestly inappropriate for this Court to entertain these proceedings. The petition is accordingly dismissed.” So ruling, Justices Dr Dhananjay Chandrachud and Anoop Mohta of the Bombay High Court (BHC) on May 3, 2013 disposed of a petition filed by community activist Jamshed Irani. The petitioner alleged that purloined photographs from Meher Master-Moos’ Zoroastrian College in Sanjan in 2010 had been submitted as evidence to the BHC by the Bombay Parsi Punchayet (BPP) trustees in the renegade priests case. The photos depicted the Russian Zoroastrian Mikhail Chistyakov being initiated into the priesthood by Ervad Khushroo Madon and another priest. The BPP lost the case in the High Court and moved the Supreme Court in appeal, who in turn recommended mediation.
Irani’s lawyer Bapoo Malcolm alleged "a fraud has been played on this court.” "The matter is before the Supreme Court. How can we interfere?” queried Chandrachud. Malcolm insisted that the matter could be decided "only in this court and no other court.” Malcolm’s assertion was on account of the originating summons filed by Jamsheed Kanga and Homi Khusrokhan on behalf of two so-called renegade priests being decided by these two judges in March 2011. Ervads Madon and Framroze Mirza had been barred from performing any religious ceremonies at the BPP run Doongerwadi and two fire temples on the grounds that they performed the funerary ceremonies of those opting for alternate means of disposal of the dead to dakhmenashini, amongst other ceremonies.

Jamshed Irani: petition dismissed

Chandrachud observed that "the original petitioners (Kanga and Khusrokhan) are not party to this matter… They are not concerned.” Malcolm alleged that the petitioners along with the respondents, the BPP, "have come to terms.”
Lawyer Fredun Devitre who along with others appeared pro bono for Kanga and Khusrokhan, nodded his assent that the petitioners were not concerned with Irani’s plaint and advised Malcolm to file the matter before "the appropriate forum.”
Chandrachud berated Malcolm for stating in his plaint that the prolonged mediation in the renegade priests matter "is a waste of money” and time. "How can we go into the wisdom of that judicial decision?” He noted the two Supreme Court judges had studied the matter and had then recommended mediation.
Bapoo Malcolm: "What do we do? Aren’t we entitled” to receive justice?
Chandrachud: "Sorry we can’t entertain this… It is outside the purview of this court.”
Percy Ghandy instructed by KRY Legal appeared for the BPP. Lawyers Rashna Dastur of Dastur Dadhich and Kalambi and Jimmy Avasia, part of the Kanga and Khusrokhan team of lawyers were also present. BPP trustee Khojeste Mistree was present in court as well as Meher Master-Moos and Irani.