Sudhakar Devram Vise (Decd) Through Lrs v. Prabhakar Devram Vise And ORS

Dinesh Sherla 48-cwp-8756-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8756 OF 2014 Sudhakar Devram Vise (Deceased through Lrs. and ors.) .. Petitioners vs.

Prabhakar D. Vise and ors.

.. Respondents Mr. S.M. Kamble for the Petitioners.

Ms D. Jain I/b M/s. C.K. Legal for Respondent No.1. Mr. M.M. Sathaye for Respondent Nos.2-1 to 2-5, 3-1 and 32. CORAM : M. S. SONAK, J.

DATE : 12 APRIL 2019.

P.C. :- 1] Mr. Suresh Kamble, learned counsel for the petitioners points out that after the impugned order was made, the petitioners-plaintiffs applied for leave to amend the plaint to bring on record several relevant and important circumstances as well as documents. He submits that learned Trial Judge has already granted leave to amend the plaint.

2] Mr. Kamble submits that in view of the amended plaint, the observations in the impugned order, particularly, in the impugned order of the Appeal Court that there was lack of pleadings or that pleading were vague will not apply. He therefore submits that the petitioners' application for 1/2

Dinesh Sherla 48-cwp-8756-14 injunction is liable to be considered by this Court on the basis of amended pleadings in the plaint.

3] Mr. Sathaye, learned counsel for the respondent Nos.2(1) to 2(5), 3(1) and 3(2), points out that it will not be appropriate that the amended pleadings are considered for the first time in this Court. He points out that he is unaware as to whether additional written statement has been filed by respondents in pursuance of the amended pleadings. 4] In the peculiar circumstances above presented, the interests of justice will be met if this petition is disposed of with liberty to the petitioners to file a fresh application for interim reliefs based iner alia on the amended plaint. If such application is indeed filed by the petitioners, then learned Trial Judge is directed to consider and dispose of such application, on its own merits and in accordance with law. 5] With liberty as aforesaid, this petition is disposed of. (M. S. SONAK, J.) 2/2