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Bombay High CourtWP/3750/2024disposed off

Indubai Haribhau Berad And Others v. Sunil Ramesh Berad And Another

2024-04-12Hon'Ble Shri Justice Arun R. Pedneker2 pages

2024:BHC-AUG:8283 1 916

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 WRIT PETITION NO. 3750 OF 2024 INDUBAI HARIBHAU BERAD AND OTHERS

VERSUS

SUNIL RAMESH BERAD AND ANOTHER ...

Advocate for the Petitioner : Mr. Jayabhar Dattatraya R. ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 12th APRIL, 2024 PER COURT:

1.

Heard.

2.

The learned counsel for the petitioners submits that the petitioners have challenged the order dated 22.02.2024, passed in the application for amendment of plaint, whereby the application for amendment of plaint is allowed. The trial court has held that the subsequent events during the pendency of the proceedings have occurred and that it has also held that the relief of damages can be asked at any stage of the proceedings. Since, the trial court has also held that the petitioners will have liberty to file consequential amendments to written statement and defend the pleadings raised.

3.

I see no error in the order passed by the trial court.

2 916 4.

The learned counsel appearing for the petitioners submits that the suit is of the year 2018 and the suit is simplicitor for injunction and the suit is at the stage of arguments and only the plaintiff's arguments remained.

5.

In view of the same, the learned counsel seeks for the direction to the trial court to decide the suit as expeditiously as possible. 6.

In view of the submissions made, the trial court is directed to decide the suit as expeditiously as possible and in any event, within a period of one (01) year from today.

7.

The writ petition is disposed of accordingly. [ARUN R. PEDNEKER, J.] marathe