Siddharth S/O. Ganpatrao Zilpe v. Dhanraj S/O. Ganpatrao Zilpe

2024:BHC-NAG:14193 wp5627.24.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.5627 OF 2024 (Siddharth s/o Ganpatrao Zilpe Vs. Dhanraj s/o Ganpatrao Zilpe) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Mr. M. I. Mourya, Advocate for Petitioner.

Mrs. M. N. Hiwase, Advocate for Respondent.

CORAM: N. R. BORKAR, J.

DATE: 21 st NOVEMBER, 2024.

This petition takes exception to the order dated 25.06.2024 passed by the District Judge-9 and Additional Sessions Judge, Nagpur below exhibit 11 in Regular Civil Appeal No.102/2020.

2.

The respondent herein had filed the suit for possession against the petitioner. The learned trial court decreed the said suit.

3.

By the order impugned the learned First Appellate Court has rejected the application filed by the petitioner, in an appeal filed by him against the decree of learned trial court, seeking permission to amend the written statement.

wp5627.24.O.odt 4.

I have perused the impugned order. The First Appellate Court has recorded the valid reasons for not accepting the explanation given by the petitioner as to why the said defense was not taken before the learned trial court. I am therefore, not inclined to interfere in the impugned order.

5.

The petition is dismissed.

(N. R. BORKAR, J.) NSN