Popatrao Uttamrao Chapanerkar And Another v. Kashinath Shridhar Kulthe And Another

12CA2802.19

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2802 OF 2019 IN CIVIL REVISION APPLICATION NO. 239 OF 2015 POPATRAO UTTAMRAO CHAPANERKAR AND ANOTHER

VERSUS

KASHINATH SHRIDHAR KULTHE AND ANOTHER Advocate for Applicants : Mr. S.S. Kulkarni.

Advocate for Respondent Nos. 1 & 2 : Mr. A.B. Jagtap h/f. Advocate Mr. V.D. Sapkal.

CORAM : M.S. Karnik, J.

Dated : 05.08.2019 Per Court :

1.

The Civil Revision Application has already been admitted. The applicant is the landlord. The trial Court dismissed the suit. The appellate Court reversed decree. The present application is filed for amending the CRA on the ground that the respondents now have alternate premises for occupation as the respondentstenants have received vacant possession of the premises which they had previously let out. Learned counsel for the respondents opposed the application. 2.

In my opinion the application deserves to be allowed as these are subsequent events which the landlord wants to bring on record to show that the respondents now have alternate premises in their occupation. The respondents

12CA2802.19 always have a right to controvert these averments. 3.

The application for amendment is allowed. Leave to amend the CRA within the period of two weeks in terms as stated in para 5-A and 5-B of the application.

( M.S. Karnik, J. ) S.P.C.