Dharmendra Gordhandas Modi And ANR. v. Mr. Kirti Ramdas And ORS.

902-wp-5937-2016.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.5937 OF 2016 Dharmendra Gordhandas Modi and others. ] Petitioners Vs.

Kirti Ramdas and others.

] Respondents .....

Ms. Narmata Shenoy i/b Legal Bond, learned Counsel for the Petitioners. .....

CORAM : R.G. KETKAR, J.

DATE : 3rd APRIL, 2019.

P.C.

Heard Ms. Shenoy, learned Counsel for the petitioners. 2.

This Petition takes exception to the order dated 8th December, 2015 passed by the Appellate Bench of the Court of Small Causes at Mumbai below Exhibit 24 in Appeal No.180 of 2007. By that order, the Appellate Court rejected the application made by defendant No.2 under Order-VI, Rule-17 of the Code of Civil Procedure, 1908 for amending the written statement. 3.

Ms. Shenoy submitted that this Petition is rendered infructuous as Appeal No.180 of 2017 is finally disposed of by the Appellate Court. Aggrieved by that order, the petitioners have also instituted separate Writ Petition in this Court.

4.

As the impugned order was passed pending the appeal and the same is finally disposed of, this Petition is disposed of as infructuous.

902-wp-5937-2016.odt 5.

It is, however, expressly made clear that where a decree is appealed from by the petitioner, any error, defect or irregularity in the impugned order, affecting the decision of the case, may be set forth as a ground of objection in memorandum of Appeal as contemplated by Section 105(1) of C.P.C.

[R.G. KETKAR, J.]