Ashok Devidas Chaudhari v. Shriram Makadu Chitte And ANR

(5)-WP-1461-22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1461 OF 2022 Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.02.18 09:54:55 +0530 BALAJI GOVINDRAO PANCHAL Shri. Ashok Devidas Chaudhari ..Petitioner

Versus

Shri. Shriram Makadu Chitte and Anr.

..Respondents Mr. Girish R. Agrawal, for the Petitioner.

Mr. Harsh Nishar i/by Mr. Amey Deshpande, for the Respondent No.1.

CORAM : NITIN W. SAMBRE, J.

DATE : 17th FEBRUARY, 2022 P.C.

1.

Application Exh.23 for amendment of written statement moved at belated stage is turned down vide impugned order dated 17th September, 2021. As such, this petition. 2.

Contentions of Mr. Girish Agrawal, learned counsel appearing for the petitioner/defendant are, the issue of hardship is already pleaded, however, same is required to be strengthened based on the subsequent development viz. occupation of son, financial hardship etc.

3.

According to him, in view of above, the respondents/plaintiffs/decree holders will not be taken by surprise and as such the Court should have permitted the petitioner to BGP.

(5)-WP-1461-22.doc.

amend his written statement.

4.

Prayer made is opposed.

5.

I have appreciated the contentions.

6.

The written statement at Exh.22 already speaks of issue of hardship. The same perhaps is already looked into and can be supported and substantiated by existing evidence while arguing the appeal. As far as the subsequent developments are concerned, those are hardly of any significance for adjudicating issue which are raised in the suit through rival pleadings.

7.

That being so, prayer for grant of amendment to the written statement at appellate stage is rightly rejected. 8.

No case for interference in the extraordinary jurisdiction of this Court is made out.

9.

The petition as such stands dismissed.

[NITIN W. SAMBRE, J.] BGP.