Afjalbee Amirkhan Pathan And Others v. Sunita @ Sayera Sardarkhan Pathan And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15217 OF 2016 (Afjalbee Amirkhan Pathan and others Vs. Sunita Sayera Pathan and others) IN WRIT PETITION NO.1626 OF 2013 Mr.A.S.Deshpande, Advocate for the applicants. Mr.S.P.Urgunde, Advocate for the respondents. ( CORAM : Ravindra V.Ghuge, J.) DATE : 08/09/2017 PER COURT :

1.

The applicants pray for extension of time to carry out the amendment in the plaint.

2.

By order dated 06/04/2016 passed in WP No.1626/2013, the applicants were permitted to amend the plaint within 3 weeks. Such amendment has not been carried out. The civil application is filed on 12/09/2016 which is after about 5 months from the date of the order of this Court.

3.

Mr.Urgunde, learned Advocate for the non­applicants prays for heavy costs and submits that the same can be donated to the Advocate Associations' Bar Library, High Court, Aurangabad. One of the applicant himself is an Advocate by profession. khs/SEPT. 2017/15217­d

4.

Considering the above, this civil application is allowed and as a last chance, the applicants shall amend their plaint on or before 22/09/2017, failing which the right to amend the plaint would be lost. The applicants shall deposit an amount of Rs.2,000/­ as costs which shall be deposited with the Advocate Associations' Bar Library, High Court, Aurangabad and the receipt shall be produced before the Trial Court while carrying out the amendment. ( Ravindra V.Ghuge, J.) khs/SEPT. 2017/15217­d