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Bombay High CourtMCA/337/2016granted

Mr. Prabhakar Vithal Salgaonkar And 4 ORS., v. Shree Devi Sharvani Vetal Maharudra Panchayatan Sansthan, Rep. By Ramchandra S. P. Salgaonkar2 ORS.

2016-06-20F. M. Reis,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 337 OF 2016 IN WRIT PETITION NO. 183 OF 2016 MR. PRABHAKAR VITHAL SALGAONKAR AND 4 ORS., ... Applicants

Versus

SHREE DEVI SHARVANI VETAL MAHARUDRA PANCHAYATAN SANSTHAN, REP. BY RAMCHANDRA S. P.

SALGAONKAR2 ORS., ... Respondents Mr. Rohan Pandurang Desai, Advocate for the applicants. Mr. P. Talaulikar, Advocate for the respondent no.1. Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 20th June, 2016 P.C.

Heard Mr. R. Desai, learned counsel appearing for the applicants and Mr. P. Talaulikar, learned counsel appearing for the respondent no.1.

2. This is an application stated by the learned counsel for the applicants to be an application for amendment to correct the typographical errors in the petition. But however, on perusal of the application, we find that the applicants want to incorporate some new facts as well as seek for additional reliefs though such reliefs in any case were available to the applicants when the Rule came to be

MCA/337/2016 issued. Considering that the allegations sought to be incorporated flow from the original pleadings, we find that leave may be granted to the applicants subject to payment of costs by the applicants to the respondent no.1 which are quantified at Rs.5000/- as condition precedent within a period of one week from today. Hence, leave to amend granted subject to payment of Rs.5000/- to the respondent no.1 as condition precedent. Amended copy of the petition to be served to the learned counsel appearing for the respondent no.1 within two weeks.

3. The application stands disposed of accordingly. NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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