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Bombay High CourtWP/10418/2023disposed off

Sushant Shahaji Mahadik v. Bhimrao Keshav Mahadik

2023-08-25Hon'Ble Shri Justice Amit Borkar1 pages

24-wp10418-2023.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10418 OF 2023 Sushant Shahaji Mahadik ... Petitioner V/s.

Bhimrao Keshav Mahadik ... Respondent ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2023.08.25 18:04:39 +0530 Mr. Mahindra Deshmukh for the petitioner.

CORAM :AMIT BORKAR, J.

DATED :AUGUST 25, 2023 P.C.:

1.

The petitioner is challenging order allowing amendment in the cause-title of the suit. Originally, suit was filed against Sushant Shahaji Mahadik. By the amendment, the plaintiff sought to replace the name of Sushant as Rohit.

2.

According to the petitioner, Rohit and Sushant are two different persons.

3.

The writ petition is filed by Sushant who is sought to be deleted by the order impugned. Once the petitioner' s name is deleted from the cause-title of the suit, he cannot be termed as aggrieved person. Since he is not aggrieved person, writ petition at his instance cannot be entertained.

4.

The writ petition stands dismissed. No costs. (AMIT BORKAR, J.)