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Bombay High CourtWP/8125/2014disposed offdismissed for default

Gorakh Sukhdev Shinde v. Dnyandev Sukhdev Shinde And Others

2017-11-29Hon'Ble Shri Justice Nitin W. Sambre2 pages

812514wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8125 OF 2014 Gorakh Sukhdev Shinde, Age: 50 years, Occ: Agri., R/o. Terkheda Tal. Washi, Dist. Osmanabad.

..PETITIONER

VERSUS

Dnyandev Sukhdev Shinde, Age: 60 years, Occ: Agri., R/o. Bavi, Tal. Washi, Dist. Osmanabad & ors ..RESPONDENTS Mr V.S. Undre, Advocate for petitioner;

Mr D.S. Kulkarni, Advocate for respondent No.3; CORAM : NITIN W. SAMBRE, J.

DATE : 29th NOVEMBER, 2017 ORAL ORDER :

By consent of the parties, the impugned order dated 28th July, 2014 passed below Exhibit-67 in Regular Civil Suit No.50 of 2011 Gorakh vs Dnyandeo, rejecting the application for amendment of the plaint, is hereby quashed and set aside. 2.

Application at Exhibit-67 stands allowed,

812514wp (2) subject to condition that the petitioner shall not seek any claim to adduce evidence in support of amended plaint.

3.

With above observations, the writ petition stands allowed.

( NITIN W. SAMBRE, J.) Tupe