Bharat Jayant Chandratre Deceased Thru. Lrs. Vaijayanthi Bharat Chandratre And Others v. Prabhakar Shankar Shukla Deceased Thru. Lrs. Arvind Prabhakar Shukla And Others

2024:BHC-AUG:28117 {1} 940-ca-10585-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO. 10585 OF 2024 IN CRA/185/2017 Bharat Jayant Chandratre Deceased Thru. Lrs. Vaijayanthi Bharat Chandratre And Others

VERSUS

Prabhakar Shankar Shukla Deceased Thru. Lrs. Arvind Prabhakar Shukla And Others .....

Mr. Sanket Kulkarni, Advocate for Applicants Mr. S.M. Kulkarni, Advocate for respondent No. 2A to 4C. .......

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 29th NOVEMBER, 2024 PER COURT:

1.

The learned advocate appearing for the applicants submits that some additional grounds are available which are not incorporated in the revision memo when it was filed. Therefore, he seeks permission to place on record additional grounds as specified in para no. 4 of this civil application. 2.

Mr. Kulkarni, learned advocate appearing for the respondents opposes the application contending that since 2017 revision application is pending and even it was taken up for final hearing twice. This is belated prayer, which need not be Bhagyawant Punde

{2} 940-ca-10585-2024 considered. He further submits that grounds which are sought to be added were not raised before the District Court. 3.

Having considered the submissions advanced, there would not be impediment in permitting the party to raise the additional grounds till the matter is heard finally. The merit of such grounds can be appropriately considered by the Court. However, the amendment cannot be restricted only because the application is belatedly filed. In that view of the matter, civil application stands allowed in terms of prayer clause 'A' and 'B'. 4.

Amendment to be carried out within two weeks from today. Copy of amended civil revision application be supplied to respondents.

5.

Place the revision application under the caption of Final Hearing on 05.03.2025.

[S. G. CHAPALGAONKAR, J.] Bhagyawant Punde