Smt Sadhana Dilip Kulkarni v. Ashwini Shirish Kulkarni And ORS.

PR 8 wp 6576-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

WRIT PETITION NO. 6576 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Amit Borkar for the Petitioner.

CORAM : K. K. TATED, J.

DATED : 02/08/2016 P.C.:

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Not on board. At the request of Advocate for the petitioner, matter is taken on board for urgent orders.

By this petition under Article 227 of Constitution of India, the Petitioner Plaintiff is challenging the order dated 23.03.2016 passed by 2nd Joint Civil Judge, Senior Division, Kolhapur below Exh.121 in Special Civil Suit No. 266 of 2010 rejecting her application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 for amendment in plaint.

The Trial Court rejected the plaintiff's application for amendment mainly on the ground that suit kept for final hearing after recording the evidence.

It is well settled law that once the trial began, the court should not allow the parties to Sneha Chavan 1/2

PR 8 wp 6576-16=.doc carry out amendment in the pleading unless and until exceptional grounds are shown.

Considering this fact, I do not find any error in the order dated 23.03.2016 passed by 2nd Joint Civil Judge, Senior Division, Kolhapur.

Hence, Writ Petition stands dismissed.

No order as to costs.

(K.K.TATED, J.) Sneha Chavan 2/2