Sanjay Nevadram Pamnanai v. Hiralal Wadhurma Sirwani

(1) 55wp137.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 137 OF 2023 Sanjay Nevadram Pamnanai__ Vs. __Hiralal Wadhurma Sirwani --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. C.A.Babrekar, Advocate, for petitioner.

CORAM :

AVINASH G. GHAROTE, J.

DATE : 09/01/2023 1] Heard Mr. Babrekar, learned counsel for the petitioner.

2] The petition questions the order dated 3.11.2022 passed by the learned Trial Court, partly allowing the application at Exh. 36 for amendment of the written statement to the extent of proposed amendment in para 8-C only and rejecting the proposed amendment in para 8-A and 8-B as it amounts to withdrawal of an admission granted.

3] A perusal of the written statement in para 1 and 2 indicates an admission on part of the defendant, of having executed the agreement of sale dated 3.4.2018 (pg 21). The proposed amendment in para 8-A and 8-B does not appear to have with an intention to explain the execution of the douement, but is in stark contradiction to the plea as raised in the written statement, by denying the execution of the document and therefore has rightly

(2) 55wp137.23 been rejected by the learned Trial Court, as it amounts to withdrawal of the admission given on oath by the petitioner/defendant. I do not see any reason to interfere in the impugned order. The petition is dismissed. No costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: