Ibrahim Hussain Sarang v. Mohammed Iqbal Ahmed Maniyar And ANR

by CHITRA SANJAY SONAWANE Date:

2022.03.09 14:03:31 +0530 CHITRA SANJAY SONAWANE 20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.6359 OF 2021 Ibrahim H. Sarang ...

Petitioner.

Vs.

Mohammed I.A.Maniyar & Anr.

.... Respondents.

--------- Mr.Harshad A. Sathe i/b Ms Swati Khot for petitioner. None for respondent.

--------- CORAM : N.R. BORKAR, J.

DATE : 7th MARCH, 2022.

P.C.:

1.

This petition takes an exception to the order dated 14.3.2020 passed by the Small Causes Court, below Exhibit 13 in R.A.E.Suit no.5 of 2017. 2.

Respondent no.1/landlord herein filed the suit for eviction and possession against the petitioner and respondent no.2 on the ground of sub-letting and non user. By an amendment application at Exhibit 13, respondent no.1 sought to incorporate additional ground of bonafide need. The trial Court allowed the said application by the order impugned. 3.

The learned Counsel for the petitioner submits application for amendment came to be filed at belated stage i.e. after framing of the issues. It is submitted that no reason is assigned for filing the application Chitra Sonawane

20.doc at such a belated stage. It is submitted that the trial court, therefore, ought not to have allowed the application for amendment. 4.

Considering the fact that even second suit on the different ground is maintainable, and therefore, I do not see any reason to interfere with the order impugned. The petition is dismissed. (N.R. BORKAR, J.) Chitra Sonawane