Sau. Anusayabai W/O Gulabrao Sakharkar Thr. P.O.A. Holder Sanjay G. Sakharkar And Others v. Sanjay S/O Pundlikrao Kshirsagar And Others

2025:BHC-NAG:14025 1 32 CAW 2962.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.2962 OF 2025 IN WRIT PETITION NO.3949 OF 2019 [Sau. Anusayabai w/o Gulabrao Sakharkar and others .vs. Sanjay s/o Pundlikrao Kshirsagar and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.S. Kaptan, Senior Advocate a/by Shri P.S. Chawhan, Adv. for Petitioner, Smt. Shilpa G. Barbate, Advocate for Respondent Nos.1 to 20. Shri S.C. Joshi, AGP for Respondent No.21.

Shri V.M. Gadkari, Advocate for Respondent No.22. ..............

CORAM : PRAVIN S. PATIL, J.

DATED : 10.12.2025 .

1.

By this application, the petitioner is seeking amendment to the petition. According to him, the fact of death of some original transferor during pendency of proceeding has bearing upon the provisions of Transfer of Property Act and, therefore, it is required to be specifically pleaded in the matter and, therefore, seeks amendment in the petition. 2.

The learned counsel for the respondents vehemently opposed the application on the ground that all these submissions are already the part and parcel of the petition. It is further states that argument in amendment application is based upon the legal issue and for that purpose the amendment is not at all necessary. According to her, all these points can be orally argued and considered by this court.

3.

In the light of the submission of both the parties and the fact that this petition is yet to be admitted by this court and

2 32 CAW 2962.25.odt in view of the submission made in the amendment application is already part of record, in my view, it will be helpful to decide the present petition in the proper manner and no prejudice will be caused to respondents in the matter.

4.

Hence, the application for amendment is allowed and disposed of.

5.

The amendment be carried out within three working days and place on record the amended copy of the petition. 6.

List the matter on 18.12.2025.

(PRAVIN S. PATIL, J.) Gulande