M/S.Shreyas Promoters And ORS. v. Avinash Anant More And ORS.

wp-3648-2005

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3648 OF 2005 M/s. Shreyas Promoters & Others ..

Petitioners.

V/s.

Avinash A. More (since deceased) through his Legal Heirs - 1(a) Smt. Sunita A. More & Others ..

Respondents.

Mr. Sachindra Shetty i/b. S. M. Kamble, for the Petitioners. CORAM: M.S.SONAK,J.

DATE : 27th MARCH, 2015.

P.C:- This Petition challenges the order dated 21st November, 1990 made by Civil Judge, Senior Division, Alibag, allowing the Plaintiff's application for amendment of the plaint.

Considering that this is 1987 suit, it is not necessary at this stage to interfere with the impugned order. However, if the suit is ultimately decided against the Petitioner-Defendant, then in the appeal, which Petitioner-Defendant may choose to file against such decree, it shall be open to the Petitioner-Defendant to challenge the impugned order dated 21st November, 1990.

All contention of all the parties in this regard are, therefore, kept open.

S.R.JOSHI

wp-3648-2005 With the aforesaid observations, this Petition is disposed of. There shall be no order as to costs.

However, considering the suit of the year 1987, the Civil Judge, Senior Division, Alibag is directed to dispose of the same as expeditiously as possible and in any case, within a period of one year from today.

(M.S.SONAK,J.) S.R.JOSHI