Smt. Kamlabai Wd/O Prabhakar Upadhyay And Others v. Sunil S/O Ramchandra Mahajan

1 wp6532.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6532 OF 2019 Smt. Kamlabai w/o Prabhakar Upadhyay and ors. vs.

Sunil s/o Ramchandra Mahajan - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.B. Palorkar, Advocate for petitioners. CORAM : ROHIT B. DEO, J.

DATED : 16 th OCTOBER, 2019 The petitioners are the defendants in Regular Civil Suit 192 of 2012 brought by the respondent-plaintiff for enactment and possession.

2.

The defendants were permitted to amend the written statement.

3.

The plaintiff sought permission to consequential amend the plaint, which permission is granted by the order impugned.

4.

Dissatisfied, the defendants are invoking the writ jurisdiction.

5.

I have pursued the application seeking permission to consequentially amend the plaint, and having done so, I do not find any error in the order impugned much-less an error warranting interference in writ jurisdiction. 6.

Paragraphs 3A and 3B which are introduced

2 wp6532.19 essential pertain to developments which have occurred during the pendency of the lis. The amendment also appears to be necessary in view of the amendment to the written statement. 7.

The petition is without substance and is dismissed. JUDGE Trupti