Shri. Ramachandra Dnayanu Salonkhe And ORS v. Shri. Balkrushna Mahadeo Salonkhe And ORS

905 wp6313-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6313 OF 2018 Ramchandra D. Salonkhe and Ors.

.. Petitioners V/s.

Balkrishna M. Salonkhe and Ors.

.. Respondents Mr.Abhijit P. Kulkarni for the petitioners Mr.Kedar Lad for the respondent no.1 Mr.R.P.Kadam, A.G.P. for the responden nos.5 and 6

CORAM:

K.K. TATED, J DATED :

JANUARY 15, 2019 P.C. :

Heard.

After arguing for some time, both the counsel submitted minutes of order dated 15.01.2019 duly signed by Petitioner and Respondent no.1. Same is taken on record and marked 'X' for identification. Same is accepted which reads thus: "Minutes of Order 1.

The judgment and order dated 03.03.2018 passed by Ld. District Judge-7 Kolhapur, below Exhibit 20 in regular civil appeal Nos. 218 of 2016 is quashed and set aside. Application dated 10.07.2017 at Exhibit 20, filed by present Petitioners under Rule Mohite 1/2

905 wp6313-18.doc 17 of Order 6 of the Code of Civil Procedure for an amendment of written statement (Exhibit-'D') to present petition is allowed.

2.

Petitioners are directed to carry out the amendment to their Written Statement as prayed in said Application at Exhibit 20 within a period of 4 weeks from today. The Ld. District Judge before whom the aforesaid Regular Civil Appeal is pending, shall proceed to hear the pending appeal in accordance with law after the amendment is carried out."

Writ Petition stands disposed of in terms of minutes of order.

No order as to costs.

(K.K. TATED, J.) Mohite 2/2