Sawalaram Sakharam Mother v. Ukanda Appaji Aware And Others

2025:BHC-NAG:12315 22 WP-6679-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.6679 OF 2019 [Sawalaram Sakharam Mothe ..Vs.. Ukanda Appaji Aware (Dead) thr. LRs and Others] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. V. Paliwal, Advocate for Petitioner.

Mr R. G. Kavimandan, Advocate for Respondent Nos.3 to 8.

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE : 17 th N OVEMBER , 2025 .

1.

Heard learned counsel for the petitioner.

2.

By the present petition, the petitioner assails the order dated 05.09.2019 passed in RCS No.51 of 1998 by the 2nd Joint Civil Judge Junior Division, Mehkar, whereby the learned Trial Court rejected the application below Exhibits - 142 and 143.

3.

Learned counsel for the petitioner submits that the petitioner - original plaintiff filed an application for amendment. The learned 2nd Joint Civil Judge Junior Division, Mehkar, vide its order dated 05.09.2019, rejected the said application by observing that if such amendment is allowed, it will certainly change the nature of the original suit.

4.

Upon perusal, I find that the findings recorded by the learned Trial Court are proper, and therefore, I do not find any reason to interfere with the order passed by the learned Trial Court under Article 227 of the Constitution. 5.

In view of that the petition is dismissed.

(SIDDHESHWAR S. THOMBRE, J.) TAMBE