Niranjan S/O Shankarrao Makeshwar v. Smt. Narayani Wd/O. Ashok Tidke Thr. P.O.A., Piyush Anil Tidke And Another

2024:BHC-NAG:109 68-wp-8063-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 8063 of 2022 Niranjan S/o Shankarrao Makeshwar

Versus

Smt. Narayani Wd/o Ashok Tidke and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.S.Kulkarni, Advocate for the petitioner. Shri S.Alaspure, Advocate for the respondent nos. 1 and 2.

CORAM : ANIL S. KILOR, J.

DATED : 3rd JANUARY, 2024.

Heard.

2.

In this writ petition, the application moved by the legal heirs of the original landlord for amendment to the suit proposing to amend the suit in relation to bona fide need, allowed vide order dated 31st October, 2022 passed by the learned Civil Judge (Senior Division), Amravati in Regular Civil Suit No. 454 of 2012, is under challenge.

3.

It is settled law that if the legal heirs are having independent rights in the matter, on bringing SKNair

68-wp-8063-22.odt them on record they may make such claim by seeking amendment. Moreover, since the dispute involved is as regards the tenancy, it is a settled law that subsequent events need to be taken into consideration.

4.

In that view of the matter, I do not find any error committed by the learned trial Court in allowing the amendment application. Accordingly, the writ petition is dismissed with liberty to the petitioner to file consequential amendment to the written statement. 5.

Since the suit is of the year 2012, the trial Court may expedite the suit at the earliest.

[ANIL S. KILOR, J.] SKNair