Jijabai Dattaram Tidke v. Narayan Vithal More And Others

2025:BHC-AUG:36839 936-wp-15854-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 15854 OF 2023 Jijabai Dattaram Tidke

VERSUS

Narayan Vithal More And Others ...

Advocate for the Petitioner : Mr. Hande Avinash D. ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATED : DECEMBER 18, 2025 PER COURT :

1.

Heard Mr. Hande, learned counsel for the petitioner. 2.

By way of present petition, the petitioner challenges the order dated 11.07.2022 passed below Exhibit-29 by the learned Civil Judge Senior Division, Nanded in Special Civil Suit No.51 of 2021, whereby the application filed by defendants nos.1 to 3 for carrying out amendment in the written statement came to be allowed. 3.

Mr. Hande, learned counsel for the petitioner submits that the application which was filed ought not to have considered by the Trial Court. He further submits that specific contentions were already raised and only on the ground that some additional facts were not mentioned, written statement was filed.

4.

Having gone through the papers and submissions advanced by the learned counsel for the petitioner, the suit was filed for partition and therefore, though in earlier statements were raised about description of property by way of proposed amendment and

936-wp-15854-2023.odt (2) some additions are to be there, it will not change the stand taken by the respondent in the written statement.

5.

In view thereof, I do not find any reason to interfere with the order passed by the learned Trial Court. The petition is dismissed. No order as to cost.

(SIDDHESHWAR S. THOMBRE, J.) Mujaheed//