Bharat Vasantrao Maid v. Sunita Narhari Babar And Others

2025:BHC-AUG:36903 1 119 WP 6118-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 119 WRIT PETITION NO. 6118 OF 2023 BHARAT VASANTRAO MAID

VERSUS

SUNITA NARHARI BABAR AND OTHERS ...

Mr. Aftab S. Patel - Advocate for Petitioner Mr. G.N. Chinchokar - Advocate for Respondent No.1 ...

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE :

22.12.2025 PER COURT :

1.

Heard learned Counsel for the respective parties. 2.

By way of the present petition, the petitioner assails the order dated 17.03.2023 passed by the learned Civil Judge, Junior Division, Purna in R.C.S. No.11/2015, whereby the application below Exhibit 87 filed by defendant No.1 seeking permission to amend the written statement came to be rejected.

3.

Learned Counsel for the petitioner submits that the petitioner/original defendant No.1 sought amendment for correcting the suit house number from 4-1-35 to 4-1-135 (old house number) and from 4-1-35/A to 4-1-135/A (new house number) in the written statement, as mentioned in paragraphs 1, 3, 7 and the additional pleadings in

2 119 WP 6118-2023.odt paragraph 12 thereof. He further submits that the proposed amendment is only to correct a typographical error and that allowing such amendment would neither change the nature of the suit nor cause any prejudice to the plaintiff.

4.

Having perused the application and the order under challenge, I find that if the petitioner is permitted to amend the written statement, no prejudice would be caused to the plaintiff. In that view of the matter, the petition deserves to be allowed and the order passed below Exhibit 87 is liable to be set aside.

5.

In view thereof, the Writ Petition is allowed. The order dated 17.03.2023 passed by the learned Civil Judge, Junior Division, Purna in R.C.S. No.11/2015 is quashed and set aside. The application below Exhibit 87 is allowed.

[ SIDDHESHWAR S. THOMBRE ] JUDGE Pooja Kale/