Bombay High CourtCAC/16/2018dismissedrule discharged

Prem S/O Sampatraj Bagrecha v. Ramdayal S/O Laxman Kanoje And Another

2019-08-27Hon'Ble Shri Justice Z.A. Haq2 pages

1 cac16.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.C. NO.16/2018 IN CIVIL REVISION APPLICATION NO.21/2018 Prem S/o Sampatraj Bagrecha ..Vs..

Ramdayal S/o Laxman Kanoje and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Girish Kandhari, Advocate h/f Shri (Dr.) Anjan De, Advocate for the applicant.

Shri A.R. Chauhan, Advocate for non-applicant No.1. CORAM : Z.A. HAQ , J.

DATED : 27.8.2019.

By this application, the applicant seeks permission to amend the memorandum of revision to add certain grounds. The applicant has also sought permission to amend the prayer clauses of the memorandum of revision. The proposed amendments to the prayer clauses show that the applicant is seeking to add two prayer clauses which are already existing in the memorandum of revision. It is not pointed out why same prayers which exist in the memorandum of revision are being sought to be incorporated again. The facts show that the civil application is filed mechanically. Such amendment cannot be permitted. Civil application is dismissed with costs quantified at Rs.2,000/- (Two Thousand) to be paid by the applicant to the nonapplicant No.2. The amount of costs shall be paid and

2 cac16.18 affidavit of compliance shall be filed on record of this revision application till 4th September, 2019. CIVIL APPLICATION (CAC) NO.53/2019 Issue notice to the proposed legal representatives of non-applicant No.1, returnable on 11th October, 2019.

Copy of memorandum of revision application shall also be served on the proposed legal representatives of non-applicant No.1 alongwith the civil application. Shri A.R. Chauhan, Advocate waives notice for proposed legal representative No.(iv) - Sagar Ramdayal Kanoje.

In addition to usual mode, the applicant shall serve the proposed legal representative Nos.(i) to (iii) of non-applicant No.1 by speed post / registered post acknowledgment due, supplying postage stamps till 29th August, 2019.

JUDGE Tambaskar.