Amar Diwakar Mishra And ANR v. Punit Bhagwan Yashod And ORS

(13)-WP-1800-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1800 OF 2021 Amar Diwakar Mishra and Anr.

..Petitioners

Versus

Punit Bhagwan Yashod and Ors.

..Respondents Dr. Abhinav Chandrachud a/w Piyush Shah, Dishang Shah, Chirag M. Unadkat and Karan Gandhi, for the Petitioners. None for the Respondents.

CORAM : NITIN W. SAMBRE, J.

DATE : 9th FEBRUARY, 2022 P.C.

1.

Heard Dr. Abhinav Chandrachud, learned counsel for the petitioners/plaintiffs.

2.

On instructions he submits that the petitioners/plaintiffs intend to move for measurement of the suit property and other land and based on the same he be granted liberty to move for amendment.

3.

Since the prayer made appears to be innocuous as the trial in the suit is not yet commenced and the suit is at the very preliminary stage, said liberty is granted. Let such amendment be decided on its own merit.

BGP.

(13)-WP-1800-21.doc.

4.

In case if the amendment made by the petitioners/plaintiffs is granted, needless to clarify that based on the change in circumstances, it shall be open for the petitioners to move for temporary injunction afresh.

5.

In view of above, motion is made for withdrawal of the petition.

6.

The petition stands disposed of as withdrawn with liberty as prayed.

[NITIN W. SAMBRE, J.] BGP.