Bombay High CourtWP/9162/2016disposed offdismissed for default

Chandrakant Kishanrao Potdar Pushkar v. Mahadev Hariram Kavale

2016-09-30Hon'Ble Shri Justice T.V. Nalawade2 pages

1 WP 9162 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 WRIT PETITION NO. 9162 OF 2016 CHANDRAKANT KISHANRAO POTDAR PUSHKAR

VERSUS

MAHADEV HARIRAM KAVALE -------- Shri. M.D. Gitte, Advocate, for petitioner.

---------- CORAM: T.V. NALAWADE, J.

DATE : 30 SEPTEMBER 2016 ORDER:

1) The petition is filed to challenge the order made by the learned Civil Judge Senior Division Latur on Exhibit 50 in Regular Civil Suit No.92/2014. The application filed by the plaintiff for amendment of plaint to add relief of possession in respect of disputed open space is allowed by the trial Court.

2) This Court has gone through the pleadings of the plaint, pleadings from the written statement and the contentions of the plaintiff in the amendment application. The suit was filed for relief of declaration and injunction in respect of some open space. The suit was filed on 10-2-

2 WP 9162 of 2016 2014. Defendant filed written statement on 28-3-2014 and the defendant contended that he was in possession of the open space as owner. In the amendment application filed on 18-6-2016 plaintiff contended that during pendency of the suit the defendant made encroachment over the open space and he has made some construction also over the open space. This application was opposed by the defendant and after hearing both the sides, the trial Court has allowed the amendment application.

3) Considering the aforesaid nature of the pleadings, this Court holds that the trial Court has not committed any error in allowing the amendment. The amendment is not changing the nature of the suit. There is no reason to interfere in the order made by the trial Court. The petition stands dismissed.

Sd/- (T.V. NALAWADE, J. ) rsl