Suresh Rajaram Patil v. Gulshan Nana Katkari @ Waghe And ORS

by IRESH SIDDHARAM MASHAL Date: 2021.08.26 16:37:55 +0530 IRESH SIDDHARAM MASHAL ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4562 OF 2021 SURESH RAJARAM PATIL ....PETITIONER V/s.

GULSHAN NANA KATKARI .....RESPONDENTS @ WAGHE AND ORS Mr. Ashok T. Gade a/w Riya John for the petitioner CORAM :

NITIN W. SAMBRE, J.

DATE:

AUGUST 25, 2021.

P.C.:

1] Heard learned counsel for the petitioner-defendant. According to him, petitioner by way of afterthought moved an amendment application after prayer for temporary injunction was rejected, whereby nature of claim has entirely changed. By drawing support from the Judgment of this Court in the matter of Archana Ashok Amburle Vs. Arpana Shankar Dudham [(2019) 3 ALLMR 768], he would claim that it is open for the plaintiff to fle a separate suit for the cause which is relied seeking amendment to the plaint. 1/3

2] I have perused the impugned judgment.

3] Trial in the suit is yet to commence i.e. the suit as at the stage of fling additional written statement.

4] Apart from above, judgment cited in the case of Archana Ashok Amburle [cited supra] will be of hardly any support as the court has dealt with in the eventuality wherein the trial has already begun which is not the case in the present case.

5] In the facts and circumstances, the only modifcation which in my opinion warrants in the order impugned is, plaintiff shall pay cost of Rs. 2000/- to the petitioner-defendant. Plaintiff shall deposit such cost within period of 4 weeks from the date of production of this order before the Trial Court. If such cost is deposited within time mentioned above, petitioner will be entitled to withdraw the same. 2/3

6] Petition stands disposed of in the above terms. 7] Liberty to move the Court below for expeditious disposal of the Suit.

[NITIN W. SAMBRE, J.] 3/3