M/S. Samrat General Stores Thru Prop. K N Oswal Decd Thru Lhr Jeevan K Oswal v. Ramdas Krishnarao Tulshibaughwale

6-WP-13004-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13004 OF 2019 M/S. Samrat General Stores Thru Prop. K N Oswal Decd Thru Lhr Jeevan K Oswal ... Petitioner V/s.

Ramdas Krishnarao Tulshibaughwale ... Respondent ____________________________________ Mr. P. B. Bhargude a/w Mr. Sumit Sonare, Advocate for the Petitioner.

Mr. P. J. Pawar, Advocate for the Respondent. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 25th SEPTEMBER, 2023 P.C.:

1.

The parties have tendered minutes of the order dated 25th September, 2023. The said Minutes of Order is signed by respective Advocates of the parties. The same is taken on record and marked as Annexure 'X' for identification. 2.

The parties have agreed to quash and set aside the impugned Judgment and Order dated 16th November, 2019 passed by the Additional Judge of Small Causes and Civil Judge, Senior Division, Pune.

Sharada

6-WP-13004-2019.doc 3.

The parties have agreed by Minutes of Order dated 25th September, 2023 that petitioner i.e., the original defendant be allowed to amend the written statement only to the limited extent as mentioned in Amendment Application (Exhibit-145). A copy of the same is enclosed to the minutes of the order. 4.

The parties have agreed that the Amendment will be carried out within a period of one week from today, to the written statement. The petitioner will lead evidence of only one witness within two weeks from today. Thereafter, the Advocate for the Respondent is permitted to cross-examine the said witness within a further period of two weeks. The Additional Judge of Small Causes and Civil Judge, Senior Division, Pune will thereafter, hear the parties and make an endeavour to dispose of the matter within a period of four weeks thereafter.

5.

The parties will co-operate with the time line given above.

6.

Writ petition is accordingly disposed of.

7.

All concerned to act on an authenticated copy of this order.

(RAJESH S. PATIL, J.) Sharada