Shivsharan Kallappa Mali v. Divisional Caste Scrutiny Committee No. 2 And ORS

1 ca 4839.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4839 OF 2015 IN WRIT PETITION NO. 6016 OF 2012 Shivsharan Kaliappa Mali .. Applicant

Versus

Divisional Caste Scrutiny Committee and others .. Respondents Shri N. B. Suryawanshi, Advocate for the Applicant. Shri G. K. Thigle, Addl.G.P. for Respondent Nos. 1 and 2. Shri U. S. Malte, Advocate for the Respondent No. 3. Mrs. Sanghmitra B. Wadmare, Advocate for the Respondent No. 4.

CORAM : S. V. GANGAPURWALA AND A. I. S. CHEEMA, JJ.

DATE : 28TH APRIL, 2015.

PER COURT :

.

Mr. Suryawanshi, the learned counsel for the applicant submits that, the present application is filed for amendment. The applicant/petitioner could lay his hands on an old document and the same is sought to be brought on record. 2.

Mr. Malte, the learned counsel for the respondent No. 3 does not wish to say anything on the amendment application.

2 ca 4839.15 3.

Mrs. Wadmare, the learned counsel for the respondent No. 4 opposes the application on the ground that, the authenticity of the said document itself is not proved and the said document was not referred at any earlier point of time.

4.

We have considered the submissions canvassed by the learned counsel for respective parties.

5.

The writ petition is not yet admitted. Even if the amendment is allowed, the respondents will have every right to controvert the averments sought to be introduced by way of amendment by filing affidavit. Considering the above, the civil application is allowed in terms of prayer clause "A". The necessary amendment be carried out within a period of fourteen

(14) days from today. The civil application is disposed of. [ A. I. S. CHEEMA, J. ] [ S. V. GANGAPURWALA, J. ] bsb/April 15