Yuvraj Raghunathrao Murkute v. Vasant Devrao Sable

2025:BHC-AUG:19328 (1) 23-WP-3727-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3727 OF 2025 YUVRAJ RAGHUNATHRAO MURKUTE

VERSUS

VASANT DEVRAO SABLE ...

Mr. Santosh Sampatrao Jadhavar, Advocate for the Petitioner. Mr. Aashish T. Jadhavar, Advocate for Respondent. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 23rd JULY, 2025.

P.C.:- 1.

The learned Advocate appearing for petitioner after arguing for some time submits that even in amendment application Exhibit-38 filed in Regular Civil Suit No.314/2024 boundaries of suit property was not properly described. He would, therefore, urge this Court to permit petitioner to not press application at Exhibit-38 with liberty to file fresh application seeking amendment and direct Trial Court to reconsider the same on its own merits without influenced by previous order.

2.

Considering difficulty posed before this Court and stage of suit, if petitioner is permitted to file fresh application for amendment, no prejudice would cause to respondent. 3.

In that view of the matter, impugned order dated 06.02.2025 is set aside, as petitioner is permitted to not press application at

(2) 23-WP-3727-2025.odt Exhibit-38. The petitioner shall be at liberty to file fresh application for amendment. The Trial Court shall consider the same on merit without impeded by observations in previous orders. 4.

Writ Petition stands disposed of in aforesaid terms. (S. G. CHAPALGAONKAR) JUDGE Devendra/July-2025