Sambhaji Balkrishna Zambre v. Chaya Balkrishna Zambre

(31)-WP-5089-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.01.11 10:32:17 +0530 WRIT PETITION NO.5089 OF 2021 BALAJI GOVINDRAO PANCHAL Sambhaji Balkrishna Zambre ..Petitioner

Versus

Chaya Balkrishna Zambre and Ors.

..Respondents Mr. Kuldeep U. Nikam, for the Petitioner.

Mr. Ajinkya Udane, for the Respondent No.1.

CORAM : NITIN W. SAMBRE, J.

DATE : 10th JANUARY, 2022 P.C.

1.

Application Exh.67 moved by the petitioner/defendant seeking time to submit his reply to the application Exh.62 for amendment moved by the plaintiff/respondent was granted on 23rd February, 2021, in spite of above the Trial Court passed the impugned order granting amendment.

2.

In the wake of above, since order passed below Exh.62 is contrary to the order passed below Exh.67, the impugned order dated 23rd February, 2021 passed below Exh.62 is quashed and set aside. The application Exh.62 stood restored to the file of the Court of Civil Judge Senior Division, Sangli.

3.

The statement made by the counsel for the petitioner that he shall be filing reply to the application Exh.62 with an BGP.

(31)-WP-5089-21.doc.

advance copy to the counsel for the plaintiff within one week from today is accepted as an undertaking to this Court. 4.

Application Exh.62 as such be decided afresh on its on merits.

5.

The petition stands disposed of in the aforesaid terms. [NITIN W. SAMBRE, J.] BGP.