Mr. Zubin Noshirwan Kamdin v. Mr. Farrokh Noshirwan Kamdin And ANR.

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11526 OF 2014 Zubin Noshirwan Kamdin ...

Petitioner Vs.

Farrokh Noshirwan Kamdin and another ...

Respondents Mr. Shardul Singh i/b. Mr. Vaibhav R. Gaikwad for Petitioner. Mr. Atul Daga a/w. Mr. Chinmay Gaonkar i/b. Mahimtura and Company for Respondents.

CORAM : R. G. KETKAR, J.

DATE : 25TH JUNE, 2015 P.C. :

Heard Mr. Singh, learned Counsel for petitioner and Mr. Daga, learned Counsel for respondents at length.

2.

By this Petition under Article 227 of the Constitution of India, original plaintiff has challenged the judgment and order dated 21.04.2014 passed by the learned Judge, City Civil Court, Greater Mumbai in Notice of Motion No.1418 of 2013 in S.C.Suit No.990 of 2010. By that order, the learned trial Judge rejected the Motion taken out by the plaintiff for modifying issue No.1, which was initially framed on 04.03.2011 and which was modified in view of amendment of the plaint carried out on 04.12.2012.

3.

Mr. Singh submitted that in paragraph 7 of the impugned order, the learned trial Judge observed that if the petitioner-plaintiff feels that the amendment carried out by him is mistaken or otherwise, he is required to take appropriate steps in that regard. In the light of this observation, plaintiff will take out appropriate proceedings in that regard and he, therefore, does not press this Petition. 1/2

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In view thereof, Petition is disposed of as not pressed with the liberty to the respondents to raise all contentions that are available in case petitioner-plaintiff takes out appropriate proceedings. (R. G. KETKAR, J.) Minal Parab 2/2