Bhvisha Alias Pooja Tarun Dhamecha v. Tarun Dhamecha

(908)-WP-9459-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.02.25 09:55:17 +0530 BALAJI GOVINDRAO PANCHAL WRIT PETITION NO.9459 OF 2021 Bhvisha alias Pooja Tarun Dhamecha ..Petitioner

Versus

Tarun Dhamecha ..Respondent Mr. Rushabh Seth a/w Jeinil Shah, Kavita Sharma i/by Ganesh & Co., for the Petitioner.

Ms. Rimpal Trivedi, for the Respondent.

CORAM : NITIN W. SAMBRE, J.

DATE : 24th FEBRUARY, 2022 P.C.

1.

Perused the order impugned.

2.

The Court below, in my opinion, was justified in recording finding but for the amendment in paragraph 2(e), the rest of the amendment does not relate to the pleadings. However, in the interest of justice and in exercise of powers under Section 151 of the CPC, this Court intends to allow prayer of the petitioner thereby permitting appropriate amendments as are prayed in clauses 2(b) to 2(e) subject to payment of cost of Rs.10,000/- to be deposited in the Court below within a period of one week from today. Subsequent to which only the amendment be carried out.

3.

Needless to clarify that respondents shall be entitled to BGP.

(908)-WP-9459-21.doc.

file their written statement.

4.

If the cost is deposited, the Court below shall pass the order of apportionment of the same.

5.

The petition as such stands disposed of in above terms. [NITIN W. SAMBRE, J.] BGP.