Dinkar S/O Ramchandra Dighekar v. Ramchandra Chintamani Dighekar

1310wp3986.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.3986 of 2016 (Shri Dinkar s/o Ramchandra Dighekar v. Shri Ramchandra Chintamani Dighekar) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.D. Chopde, Advocate for Petitioner.

Shri S.D. Tatke, Advocate for Respondent.

Coram : R.K. Deshpande, J.

Date : 13 th October, 2016 While rejecting the application for amendment of plaint, the Trial Court has observed that the portion of the amendment application is a part of evidence in respect of breach of injunction and there is no necessity to have its pleadings in the plaint to decide the real controversy between the parties. After the final decision of the suit, if it is found that the evidence is disregarded for want of pleadings, it shall be open for the petitioner to raise challenge in appeal. All questions are left open. The petition is dismissed.

Judge.

Lanjewar

1310wp3986.16.odt CERTIFICATE "I certify that this Order uploaded is a true and correct copy of original signed Order."

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P.D. Lanjewar, PS Uploaded on : 13-10-2016