Sau. Asha Panjuram Harwani And Others v. Shri Gopal S/O Tulsidasji Rathi And Another

1510wp6033.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.6033 of 2016 (Sau. Aasha Panjuram Harwani and others v. Shri Gopal s/o Tulsidasji Rathi and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri P.V. Navlani, Advocate for Petitioners.

Coram : R.K. Deshpande, J.

Date : 15 th October, 2016 The challenge in this petition is to the order passed by the Trial Court allowing the application for amendment filed by the plaintiff. The application for amendment was filed at the pre-trial stage. Though the issues are framed, the trial is yet to begin. The Trial Court has observed that the issue of limitation can be decided by framing an appropriate issue, as it is a mixed question of law and fact. Hence, no interference is called for at this stage. All questions are left open to be agitated in appeal, if occasion arises.

With these observations, the petition is dismissed. Judge.

Lanjewar