Shankar Jalba Pamalwad v. Bramhoji Survaji Dhole

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2590 OF 2016 IN WRIT PETITION NO.5230 OF 2004 SHANKAR JALBA PAMALWAD APPLICANT

VERSUS

BRAMHOJI SURVAJI DHOLE RESPONDENT Mr.V.D.Patnurkar, Advocate for the applicant. Mr.G.J.Karne, Advocate for the respondent ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 23/03/2016 PER COURT :

1.

The applicant is the original petitioner. By this application, the applicant desires to bring on record the proposed paragraph Nos.21 to 24. Contention is that these paragraphs would assist this Court in adjudicating the writ petition.

2.

Mr.Karne, learned Advocate appearing on behalf of the nonapplicant opposes this application. Contention is that the proposed amendment is insignificant and has no nexus with the cause of action. It would not assist this Court in any manner. The applicant has also pleaded certain citations in the proposed paragraphs. khs/March 2016/2590-d

3.

In the light of the above and for the reasons set out in the application, the same is allowed as the respondent would be at liberty in countering the amended portion by filing an additional affidavit in reply.

3.

The applicant/petitioner shall add paragraph Nos. 21 to 24 as mentioned in the civil application in the writ petition within a period of 3 (three) weeks from today, failing which, this order shall stand recalled and the application shall stand rejected without further reference to this Court. In the event, the amendment is carried out within 3 (three) weeks as directed, the respondent is at liberty to file an additional affidavit in reply within a period of 3 (three) weeks thereafter.

( RAVINDRA V. GHUGE, J.) khs/March 2016/2590-d