Rafik Mahammed Mulla Decd Thru Lhrs And Lrs And ORS v. Manohar Nabilal Mulla And ANR

32 WP-3747.22.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3747 OF 2022 BHARAT DASHARATH PANDIT Date: 2022.04.05 16:51:31 +0530 Rafik Mahammed Mulla Since deceased through his heirs and legal representatives 1A. Kabir Rafik Mulla and Others ..... Petitioners.

V/s Manohar Nabila Mulla and Anr.

..... Respondents.

Mr. Nageshrao Y. Chavan for the Petitioners.

CORAM: NITIN W. SAMBRE, J.

DATE: APRIL 01, 2022 P.C.:- 1] Heard Mr. Chavan, learned Advocate for the Petitioners. 2] The order impugned is passed below Exhibit-1 in R.C.S. No.647 of 2017.

3] Submissions are, Respondents are likely to misuse the observations in the order, thereby seeking amendment to the claim in the suit, that too after the suit is closed for judgment. 4] I have appreciated the said submission.

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32 WP-3747.22.doc 5] It appears that order passed below Exhibit-1 dated 11/01/2022 is clarificatory in nature. If parties to the suit take out any amendment application, while dealing with the same on its merit this Court expects the Court below to be sensitive to the stage of the suit. 6] That being so, no case for interference is made out. Petition stands dismissed with the above observation.

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