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Bombay High CourtWP/7347/2015rejected

Shri. Resham Singh Son Of Shri Kartar Singh v. Shri. Gurucharan Singh Son Of Shri Kartar Singh And ORS.

2016-06-17Hon'Ble Shri Justice K.K. Tated2 pages

53 wp 7347-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

WRIT PETITION NO. 7347 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. M. S. Lad for the Petitioner.

Mr. S. B. Sharma for the Respondent.

CORAM : K. K. TATED, J.

DATED : 17/06/2016 P.C.:

.

Heard learned Counsel for the parties.

The learned Counsel for the respondent no.1 original plaintiff undertakes to file his vakalatnama within two weeks from today. Undertaking is accepted.

By this petition under Article 227 of the Constitution of India, the petitioner original Defendant No.1 challenges the order dated 29.04.2015 passed by Bombay City Civil Court at Bombay in Notice of Motion No. 3901 of 2014 in Suit No. 8017 of 2001 rejecting the defendant's application for filing amended written statement. It is to be noted that in the present Sneha Chavan 1/2

53 wp 7347-15=.doc proceeding, in Suit No. 8017 of 2014 issues were framed on 24.03.2014 and thereafter, on 13.08.2014 the evidence in examination­in­chief and documents were filed by the plaintiff and suit was fixed for admission and denial of documents on 19.09.2014. Considering this fact, I do not find any reason to entertain the present Writ Petition because Defendant No.1 filed application for amendment of written statement when the trial began.

Hence, Writ Petition stands rejected.

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