Bhausaheb Hari Deshmukh And ORS v. Daulatrao Bajirao Deshmukh Decd Thru L.R'S And ORS

918-wpst27813-18.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.27813 OF 2018 Bhausaheb H. Deshmukh & Ors.

...Petitioners

V/s.

Daulatrao B. Deshmukh & Ors.

...Respondents

Mr.Anilkumar K. Patil with Mr.Rohan D. Kaiche for the Petitioners. CORAM : R.D. DHANUKA, J.

DATE : 3RD OCTOBER, 2018.

P.C. :- 1.

The petitioners (original defendants) have impugned the order passed by the learned Trial Judge allowing the application filed by the plaintiffs inter-alia praying for amendment of the plaint in the application filed under Order VI Rule 17 of the Code of Civil Procedure, 1908.

2.

At this stage, I am not inclined to interfere with the impugned order passed by the learned Trial Judge. It is however made clear that the petitioners would be at liberty to raise this issue as one of the ground while challenging the final decree if the petitioners are aggrieved by the same.

3.

The writ petition is accordingly disposed of in aforesaid terms. There shall be no order as to costs.

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918-wpst27813-18.doc 4.

The petitioners are directed to convey this order to the respondents as well as to the learned Trial Judge for record and compliance.

(R.D. DHANUKA, J.) 2/2