Mrs. Hilda Charles Brako And ORS v. Surekha Hanumant Tawade And ORS

KJ 1/2 wp8189.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8189 OF 2014 Mrs.Hilda Charles Brako & Ors.

)...Petitioners V/s.

Surekha Hanumant Tawade & Ors.

)... Respondents ---- Mr.Sameer R.Bhalekar for petitioners.

---- CORAM: K.R.SHRIRAM, J.

DATED : 4.2.2015.

P.C. :

Mentioned. Not on board.

The petitioners had filed an application to the trial court that in the examination in chief that was filed in June-2013, the petitioners by mistake annexed the notice of January-2010 instead of notice dated 1.2.2010. The petitioners state that it was a bonafide mistake and hence the petitioners had applied to the trial court for permission to replace the earlier termination notice dated January2010 with the notice dated 1.2.2010. The trial court by its impugned order passed on 4.7.2014 rejected the application on the ground that there was no such provision for replacing the document. The counsel for the petitioners states that he will apply to the trial court to take on record the notice dated 1.2.2010 as

KJ 2/2 wp8189.14 additional document. The trial court to consider the application on its own merits. It is clarified that this court is not making any comment or observation regarding the merits of such an application. In view thereof, the petition stands rejected. (K.R.SHRIRAM, J.)