Shankarrao Baburao Salokhe And ANR v. Shri. Dipak Balaso Patil @ Pol And ORS

904.1690.14-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1690/2014 Shankarrao B. Salokhe & Anr.

... Petitioners V/s.

Dipak Balaso Patil & Pol & Ors.

... Respondents Ms. Manisha Prajapati i/b. S. V. Sadavarte for the Petitioner Mr. Chetan G. Patil for the Respondents

CORAM:

K.K. TATED, J.

DATED :

JANUARY 18, 2019 P.C. :

Heard. By this petition under Article 227 of the Constitution of India the Petitioner - Defendant challenges the order dated 03.09.2013 passed by the 5th Jt. Civil Judge, Junior Division Kolhapur below Exhibit- 91 in Regular Civil Suit No.730/2010 rejecting his Application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 for amendment in the written statement.

The main contention of the Petitioner is that the revenue dispute was pending in respect of the property bearing CTS No.413 situated at A Ward, Kolhapur. They wanted to bring these facts on record.

It is to be noted that the Respondent - Plaintiff raised the objection that the property bearing CTS No.413/1 is not a subject Basavraj G. Patil 1/2

904.1690.14-wp.doc matter of their litigation in Regular Civil Suit No. 730/2010. On this basis, the Trial Court has rejected their Application for amendment.

Considering the submissions made by the learned counsel for the Petitioner and the impugned order, I do not find any substance in the Writ Petition because the Petitioner wants to bring on record certain facts which are not concerned with the present litigation.

Hence, the Writ Petition stands rejected. No order as to costs.

(K. K. TATED, J.) Basavraj G. Patil 2/2