Madan Ladsaji Gaikwad v. Venubai Shivaji Jondhale And Others

33 WP.14527.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

33 WRIT PETITION NO. 14527 OF 2017 MADAN LADSAJI GAIKWAD

VERSUS

VENUBAI SHIVAJI JONDHALE AND OTHERS ...

Advocate for Petitioner: Mr. A. L. Shaikh, h/f Mr. Patel Shaikh Ashpak Taher. ...

CORAM :

V. K. JADHAV, J.

DATE :

18th December, 2017.

ORDER:

.

I do not find any substance in this writ petition. By order below Exhibit 84, the Trial Court has allowed the application of the Respondents / Plaintiffs seeking amendment in the plaint. As per the observations in paragraph 9 of the impugned order, the Trial Court has allowed the amendment in the plaint only for the reason that subsequent to the stage of evidence, the Petitioner / Defendant has carried out the amendment in the written statement and therefore, permitted the Respondents / Plaintiffs to carry out the amendment. In view of same, I do not find any fault in the impugned order. The Court has also saddled some cost on the Respondents / Plaintiffs for inaction in impleading Defendant Nos.3 and 4 as party to the partition suit. The writ petition is hereby dismissed. No costs. [ V. K. JADHAV, J. ] ndm