Sharayu Alias Shashikala Shankarrao v. Ashwini Avinash Vaidye

2025:BHC-AUG:22813

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 WRIT PETITION NO. 10137 OF 2025 SHARAYU ALIAS SHASHIKALA SHANKARRAO

VERSUS

ASHWINI AVINASH VAIDYE ...

Advocate for the Petitioner : Mr. Mahajan Sadanand D. ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : August 20, 2025 PER COURT :- 1.

Heard the learned counsel for the petitioner. 2.

By this petition, the petitioner/plaintiff is challenging the order passed by the learned Civil Judge, Senior Division, Parbhani in Regular Civil Suit No. 126/2019, rejecting the application filed by the petitioner for amendment in the plaint, seeking correction in boundaries of the suit properties mentioned in the plaint.

3.

While rejecting the application, the Trial Court has recorded in the impugned order that the objection to the boundaries is taken in the written statement itself in the year 2022. Notwithstanding the objection taken, the plaintiff has not taken steps to correct the boundaries of the suit property. The suit is at the stage of final arguments. The Trial Court has accordingly dismissed the application in view of Proviso to Order VI, Rule 17 of C.P.C. I see no error in the order passed by the learned civil court as the plaintiff failed to show due diligence in seeking amendment. The writ petition is dismissed.

( ARUN R. PEDNEKER, J. ) ssc/