← Library
Bombay High CourtCAW/2879/2014disposed off

Dilip Manohar Khadtare v. The Secretary-Rayat Shikshan Sanstha And ORS.

2015-02-05Hon'Ble Shri Justice M.S. Sonak2 pages

DSS p-3-caw 2879-14 in wp-7228-03

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION 2879 OF 2014 IN WRIT PETITION NO.7228 OF 2003 Dilip M. Khadtare .. Applicant In the matter of Dilip M. Khadtare .. Petitioner vs.

The Secretary, Rayat Shikshan Sanshta, Satara & ors.

.. Respondents.

Mr. S.N. Pillai for the Applicant/Petitioner. Mr. Milind Deshmukh for Respondent Nos.1 to 4. Ms Vaishali Nimbalkar, AGP for Respondent Nos.5 & 6. CORAM : M. S. SONAK, J.

DATE : 05 FEBRUARY , 2015 P.C. :- 1] Not on board. Upon mentioning, taken on board. 2] Heard learned counsel for the applicant and learned counsel for respondent Nos.1 to 4, who are the contesting respondents. 3] By this Civil Application, the applicant/petitioner seeks to amend writ petition, which has already been admitted and is pending for final disposal. The reasons set out in the application for amendment is that certain vital issues which arise in the matter, remained to be brought on record and in the interest of justice the same need to be brought on record.

1/2

DSS p-3-caw 2879-14 in wp-7228-03 4] Learned counsel for respondent Nos.1 to 4 vehemently opposes the amendment application by submitting that the reasons set out as aforesaid do not constitute either a valid or sufficient reasons for permitting the amendment.

5] If the schedule, which contains the proposed text of the amendment is perused, then it does appear that the amendment is necessary for an effective adjudication of the issues raised in the petition. Besides, no prejudice whatsoever shall occasion the respondent Nos.1 to 4, if such amendment is permitted. 6] Accordingly, Civil Application is made absolute in terms of prayer clause (a). Necessary amendment to be carried out within a period of two weeks from today. The applicant/petitioner to furnish an amended copy of the petition to the learned counsel for respondent Nos.1 to 4 as well as learned AGP who appears for respondent Nos.5 and 6.

7] Civil Application is disposed of. There shall be no order as to costs.

(M. S. SONAK, J.) dinesh 2/2