M/S S R Modi Thr. Partner Keshav S/O Shyamsunder Modi And Others v. Shailesh S/O Sawarmal Agrawal And Others

1 wp3460.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITON NO.3460/2016 M/s. S.R. Modi, through its Partner and others ..VS..

Shailesh s/o Sawarmal Agrawal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 8.7.2016.

Heard Shri R.M. Pande, Advocate for the petitioners and Shri R.K. Borkar, Advocate for the respondent Nos.1 and 2 on caveat.

The petitioners have challenged the orders passed by the trial Court allowing the respondent Nos.1 and 2 - plaintiffs to amend the plaint. It is submitted that the plaintiffs have filed three applications and by each application the plaintiffs are seeking to amend the plaint to improvise the pleadings and the plaintiffs are coming with a new case with every amendment application.

After examining the copy of plaint, the copies of amendment applications (Exh. Nos.44, 53 and 57) and the impugned orders, I find that the trial Court has exhaustively dealt with the contentions of the respective parties properly. The learned trial Judge has also referred to the judgments cited before him and after examining the legal position, has rightly allowed the amendment applications. I do not find any reason to interfere with the impugned orders. The writ petition is dismissed. In the circumstances, the parties to bear their own costs.

JUDGE Tambaskar.