Anand Puniram Meshram v. Anil Natthuji Borkar And Another

22wp 4847.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 4847/2021 Anand Puniram Meshram ..VS..

Anil Natthuji Borkar and anr.

----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Dr. Mrs. R.S. Sirpurkar, Advocate for the petitioner CORAM : AVINASH G. GHAROTE, J.

DATED : 30/11/2021 Heard Dr. Mrs. R.S. Sirpurkar, learned Counsel for the petitioner.

2.

The application for amendment has been filed during the course of cross-examinaiton of PW-1, to delete the original plea of encroachment, as taken in the plaint, which also was taken in the affidavit evidence, in lieu of evidence of PW-1. The application, which comes during the course of cross-examination would have the effect of changing the entire nature of the controversy, considering which, I do not find that the impugned order, which rejects the same, can be faulted with.

3.

Accordingly, the petition is dismissed. No costs.

JUDGE SMGate