Balaji Kishanrao Abadar v. Kachru Nagendra Ban

{1} wp13856-23.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13856 OF 2023 Balaji Kishanrao Abadar PETITIONER

VERSUS

Kachru Nagendra Ban RESPONDENT .......

Mr. Vivek V. Bhavthankar, Advocate for the petitioner .......

[CORAM : SHAILESH P. BRAHME, J.] DATE : 2 nd NOVEMBER, 2023 ORDER :

1.

Heard learned advocate for the petitioner.

2.

In this petition, order dated 2nd August, 2023 passed below Exhibit-34 in Regular Civil Suit No. 73 of 2022 is under challenge. The petitioner is the original plaintiff, who has sought impleadment of one Devidas Kamaji Abadar in the suit. Though the application Exhibit-34 is styled as application under Order VI, Rule 17 read with Order I, Rule 10 of the Civil Procedure Code, however, pleadings on record are not proposed to be amended. 3.

Learned advocate appearing for the petitioner submits that it is necessary to amend the pleadings also and adding the party would not suffice the purpose. He seeks liberty to file

{2} wp13856-23.doc appropriate application.

4.

In view of the above, the writ petition is disposed of with liberty to the petitioner to file appropriate application as permissible in law.

[SHAILESH P. BRAHME] JUDGE drp/wp13856-23.doc