Firoza Begum W/O Anwar Jalil And Another v. Md. Ismail S/O Md. Rangaiwaale And Another

2024:BHC-NAG:10385 5-WP-1637-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1637 OF 2019 (Firoza Begum w/o Anwar Jalil & Anr. Vs. Md Ismail s/o Md Rangaiwaale & Anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri K.B. Ambilwade, Counsel for the petitioners. CORAM : ANIL L. PANSARE, J.

SEPTEMBER 18, 2024 Challenge is to order dated 23/11/2018 passed below Exh. 23 by the Additional Judge, Small Causes Court, Nagpur, in R.C.S No. 299/2017, whereby the application filed by the respondents - plaintiffs to amend the plaint was allowed.

2] Heard Shri K.B. Ambilwade, learned Counsel for the petitioners. None for the respondents. 3] The order impugned indicate that the respondents - plaintiffs sought amendment to bring on record developments that occurred subsequent to filing of suit. According to the respondents, the petitioners - defendants did not accept notice and cheque towards rent and, thus, they willfully avoided to accept the rent. 4] The respondents - plaintiffs further sought to add that the electric meter installed in the tenanted premises is in the name of Smt. Firoza Begum Abdul Raut (original defendant no.1). However, the respondents - plaintiffs and Shri Mohammad Altaf were consuming electricity and were sharing the same equally.

5-WP-1637-2019 5] Further amendment was sought by the respondents - plaintiffs as regards obstruction by defendant no.3 for parking two wheeler.

6] These events having occurred subsequent to filing of suit, the amendment was sought, which the trial Court has allowed.

7] I do not find any perversity in the impugned order. The Writ Petition is accordingly dismissed. (ANIL L. PANSARE, J.) Sumit