Gopalkrushna S/O Pandurang Aaglave v. Aviraj Fly Ash Bricks Thr. Proprietor, Sau. Vandana Chirkuta Dhengale And Others

28. WP 4232 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4232/2023 Gopalkrushna s/o Pandurang Aaglave ...Versus...

Aviraj Fly Ash Bricks Through its Proprietor Sau. Vandana Chirkuta Dhengale and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Dr. Mrs. Renuka S. Sirpurkar, Advocate for petitioner CORAM : AVINASH G. GHAROTE, J.

DATE : 10/07/2023 1.

Heard Dr. Mrs. Renuka S. Sirpurkar, learned counsel for the petitioner. The petition seeks to challenge the order dated 03/05/2023 passed by the learned Trial Court, whereby the application for amendment of the plaint has been allowed.

2.

It is contended that the application for amendment of the plaint needs to be rejected, as it changes the basic nature of the suit. The suit is for declaration and injunction in respect of electric meter claimed to be installed in the premises of the petitioner, from which both the parties are claimed to be entitled for electricity jointly. The correction which is sought to be made by the proposed amendment is in the

28. WP 4232 of 2023.odt number of the electric meter, which in my considered opinion, does not change the nature of the suit. The suit is at the initial stage, considering which, 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