Gurunath Baburao Shetkar v. Habib Jafar Bin Habib Abdulkhadar And Others

2024:BHC-AUG:1347 10391.14WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 WRIT PETITION NO. 10391 OF 2014 Gurunath s/o. Baburao Shetkar.

.. PETITIONER

VERSUS

1] Habib Jafar Bin Habib Abdulkhadar 2] Subhash Laxmanappa Shetkar 3] Shobha Shriram Madnikar .. RESPONDENTS ...

Advocate for the petitioner : Mr.V.D.Salunke Advocate for the respondent no.1 : Mr.P.R.Katneshwarkar ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 18.01.2024 P.C. :

1] The learned counsel for the respondent no.1 submits that the application for amendment below Exhibit63 was filed only by the defendant no.1 and defendant no.1 has now compromised the matter with the petitioner. In view of the same, the learned counsel for the respondent no.1 submits that application below Exhibit 63 may be allowed and amendment may be taken on record. 2] In view of the same, the impugned order below Exh.63 in Special Civil Suit No.2 of 2012 dated 25.06.2014 passed by Joint Civil Judge Senior Division, Ahmedpur is

10391.14WP quashed and set aside. Application below Exh. 63 in Civil Suit No.2 of 2012 pending before the Civil Judge Senior Division, Ahmedpur is allowed in terms of the prayer clause of the application, which reads as under :

"That, the application kindly be allowed and the plff. be kindly permitted to amend his plaint as proposed in para No.3 to 8 of this application and oblige."

3] The present Writ Petition is disposed of accordingly.

[ARUN R. PEDNEKER] JUDGE DDC