Atul S/O Rameshrao Wanode Thr. P.O.A., Rameshrao Bhauraoji Wanode v. Mangesh S/O Dattatraya Tipnis And Others

1808 WP 4914 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4914/2022 Atul S/o Rameshrao Wanode Through Power of Attorney Rameshrao Bhauraoji Wanode ...Versus...

Dr. Mangesh S/o Dattatraya Tipnis and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- --------------- Shri S.L. Kotwal, Advocate for petitioner CORAM : AVINASH G. GHAROTE, J.

DATE : 18/08/2022 1.

Heard Shri Kotwal, learned counsel for the petitioner.

2.

The petition challenges the order dated 03/02/2022, by which the application for amendment of the plaint has been allowed. It is an admitted position that the issues are yet to be framed, considering which, the proviso to Order VI Rule 7 of the Code of Civil Procedure would not be attracted and the plaintiff would be entitled to amend the plaint. It is not as if that by allowing the amendment, the averments are held to be proved. The defendant will have an equal chance to file an additional written statement or amend

1808 WP 4914 of 2022.odt the written statement consequentially. That being the position. I do not see any reason to interfere in the impugned order. The writ petition is therefore dismissed. No order as to costs. (AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR