Mohammad Bashhir Mohammad v. Prabhabai Wd/O Tarachand Patil

2024:BHC-NAG:1671 15wp967-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.967 of 2024 MOHAMMAD BASHHIR MOHAMMAD GULAM SHADID VS PRABHABAI WD/O TARACHAND PATIL AND ORS.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri P.B. Patil, Advocate for the Petitioner/s Shri D.V. Mahajan, Advocate for the respondent No.1 CORAM : ANIL S. KILOR, J.

DATED : 09.02.2024 1.

Heard.

2.

The order, rejecting a request for filling the rejoinder to the reply of the decree holder, dated 05.02.2024 passed by the Jt. Civil Judge Senior Division, Nagpur in Special Darkhast No.121 of 2022, is under challenge in this petition. 3.

The learned counsel for the petitioner has failed to point out any provision for such prayer and in absence of any such provision, I am not inclined to interfere with the impugned order. Hence, the petition is dismissed.

4.

At this stage, the learned counsel for the petitioner submits that the petitioner ought to have applied for amendment to the objections instead of asking for permission to file rejoinder. He submits that such liberty may be granted.

5.

In view of the above referred request, I am of the opinion that, no prejudice would be caused to the other side, if such nd.thawre

15wp967-24.odt permission is granted. Accordingly, the liberty is granted as prayed for.

6.

If any such application is moved by the petitioner, the trial Court may consider the same in accordance with law. [ANIL S. KILOR, J.] nd.thawre