Suresh Laxman Nemade And Another v. The State Of Maharashtra And Others

1 ca 4543.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 49 CIVIL APPLICATION NO. 4543 OF 2020 WITH WP/4929/2020 WITH WP/4922/2020 SURESH LAXMAN NEMADE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. Nitin V Gaware AGP for Respondents No. 1 to 3: Mr. S. G. Karlekar Advocate for Respondent No. 4: Mr. M. S. Deshmukh ...

CORAM:S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE: 27th JULY, 2020 PER COURT:

1.

The present application is for amendment.

2.

Mr. Gaware, the learned counsel submits that the amendment is necessitated because of some subsequent developments.

3.

Mr. Deshmukh, the learned Counsel for the respondent opposes the application and submits that the amendment is not necessary. The petitioner is trying to improvise his case by

2 ca 4543.20 amendment and in case of subsequent developments fresh cause of action arises to the petitioner. 4.

Considering the fact that the writ petition is at the incipient stage and the respondents will have every opportunity to controvert the averments sought to be introduced by way of an amendment, the present application to the extent of seeking amendment is allowed.

5.

Civil Application is disposed of.

6.

The amended petition be filed and the copy of the same be served to the learned Counsel for the respondent. At the request of learned counsel for the petitioners, stand over to 17.08.2020.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] marathe