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Bombay High CourtWP/2379/2015disposed off

Kalpana Raosahenb Patil v. Shivgonda Satgonda Patil And ORS.

2015-03-18Hon'Ble Shri Justice M.S. Sonak2 pages

skc 17-WP-2379-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2379 OF 2015 Kalpana R. Patil ..

Petitioner vs.

Shivgonda S. Patil & Ors.

..

Respondents Mr. C. G. Gavnekar for Petitioner.

CORAM : M. S. SONAK, J.

DATE: 18 MARCH 2015 P.C. :- 1] This petition is directed against the order dated 4 February 2015, by which the Joint Civil Judge, Junior Division, Gadhingalaj, has allowed the plaintiffs to amend the suit subject to payment of costs of Rs.500/- to the defendant no. 4.

2] In my judgment, this being the interlocutory order, the same need not to be interfered with, at this stage. However, in case the suit is decided against the petitioners, and the petitioners choose to institute an appeal against such judgment and decree, then obviously, it shall be open to the petitioners to question the order dated 4 February 2015, upon all grounds, including inter alia the grounds raised in the present petition.

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skc 17-WP-2379-15 3] With the aforesaid observations, the present petition is not entertained. This petition is disposed of accordingly. 4] The Joint Civil Judge, Junior Division, Gadhingalaj, is however directed to expeditiously dispose of the suit in accordance with the law considering that the suit is of the year 2010 and even earlier there was a direction of this Court to proceed with the suit. (M. S. SONAK, J.) Chandka 2/2