Ramdas Pandurang Kakde v. Bhagaji Pandurang Kakde And Others

84-wp-3373-2016 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3373 OF 2016 Ramdas s/o Pandurang Kakde ..PETITIONER

VERSUS

Bhagaji s/o Pandurang Kakde & ors ..RESPONDENTS Ms. Langhe Pooja V & V R Lange, Advocate for Petitioner;

Mr. F.R. Tandale, Advocate for Respondent Nos. 1 to 3.

CORAM : NITIN W. SAMBRE, J.

DATE : 11th SEPTEMBER, 2017 ORAL ORDER :

Having heard the respective counsel for sometime, I hardly see any reason to interfere with the impugned order permitting amendment to the written statement as passed by the learned District Judge, Aurangabad, in Regular Civil Appeal No. 181/2013, arising out of decree for partition passed in Regular Suit No. 1137/2007. 2.

However, it is clarified that the additional evidence, if any, to be recorded,

84-wp-3373-2016 (2) will be restricted only to the amended portion and no new issue will be permitted to be raised in the evidence, provided the Appellant before the Appellate Court intends to come with a plea for recording of evidence.

3.

With the above observations, Writ Petition is disposed of.

4.

The costs of Rs. 2000/- plus Rs. 1000/- as ordered is enhanced to Rs. 10,000/- to be deposited before the lower Appellate Court to which the petitioner will be entitled.

(NITIN W. SAMBRE, J.) Sam..