Jagdish S/O Bansilal Dhoot v. Municipal Council Bhandara, Through President Chief Officer, Bhandara And Another

2707caw1623.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.1623 OF 2017 IN WRIT PETITION NO.578 OF 2017 (Jagdish s/o Bansilal Dhoot vs. Municipal Council, Bhandara and another) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri K.S. Motwani, Advocate for petitioner.

-------- CORAM : P.N. DESHMUKH, J.

DATED : JULY 27, 2017 Issue notice to respondents.

Shri Dhatrak, learned Counsel waives notice for respondent no.1 and Shri Kalwaghe, learned Counsel waives notice for respondent no.2 This application is filed for effecting amendment in the petition as mentioned in para 3 thereof. It is contended that above stated facts are necessary to be incorporated as they have bearing on the subject mater of the petition, however, due to inadvertence, same remained to be mentioned. It is, therefore, prayed that application be allowed. Learned Counsel for respondents have opposed the application on the ground that allowing this application would change the nature of dispute and thus, it is prayed that application be rejected.

Perusal of proposed amendment to be incorporated prima facie appears to be in the form of facts, which can be established on the basis of

2707caw1623.17 2/2 documents. In that view of the matter, it is found that amendment is necessary for just decision of the petition. Therefore, civil application is allowed. Petitioner to carry out amendment within two weeks and serve amended copy of petition on respondents.

Stand over to 10/8/2017.

JUDGE khj