Diwakar S/O Dadarao Wankhade And ORS. v. Ramchandra Sonaji Wankhade

2023:BHC-NAG:15314 wp 199.23.

1/2 4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.199/2023 Diwakar and others V Ramchandra *************************************************************************** Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

**************************************************************************************** Mr. A.S. Dhore, Adv for petitioners.

C ORAM : AVINASH G GHAROTE J.

DATE : 18-10-2023 The petition challenges the order dated 06-09-22 passed by the trial Court below Exh-164, whereby the application for amendment of the plaint filed at the stage of cross examination of the defendant has been allowed. It is contended that there is absence of due diligence, the trial has been commenced and therefore the amendment could not have been allowed. A perusal of the proposed amendment would indicate that it only seeks to bring on record a position that the respondent had acquired the land of S.No.87 (G.No.365) of village Datala, Tq Murtizapur since he was the tenant on account of the provisions of the Bombay Tenancy and Agriculture Act and therefore the transfer in favour of the petitioner nos.1 and 2, was invalid for want of permission of the competent authority. This is clearly a legal issue which would be permissible to be raised even in absence of pleadings,

wp 199.23.

2/2 4 considering which, I do not see any reason to interfere in the impugned order. The petition is therefore, dismissed. No costs.

JUDGE Deshmukh