Miyalal Matin Shaikh And ANR v. Shabbir A Hamid Shaikh Deceased Legal Heirs And ORS

512-wp-6406-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6406 OF 2025 Miyalal Matin Shaikh and Anr ... Petitioners vs.

Shabbir A. Hamid Shaikh deceased through Lrs ... Respondents Mr. Suhas S. Inamdar for Petitioner.

Mr. Ajit V. Alange for Respondents.

CORAM : GAURI GODSE, J.

DATED : 3rd JULY 2025 ORDER:

1.

Not on board. Taken on the production board.

2.

This petition is filed by the defendant to challenge the order rejecting the defendant's application to carry out amendment to the written statement. It is not in dispute that the application is filed after the commencement of the trial. Considering the proposed amendment regarding legal argument, the application is mainly rejected on the ground that the proposed amendment in written statement is not necessary.

3.

The impugned order is purely an interlocutory order. Normally, the court should be slow in interfering with such Page no. 1 of 2

512-wp-6406-2025.doc interlocutory order. In view of Section 105 of the Code of Civil Procedure, 1908 ("CPC") it will always be open for the petitioner to challenge the impugned order in an appeal, in the event the final decree is adverse to the petitioner.

4.

Hence, this is not a case to interfere with the impugned order in exercise of the discretionary jurisdiction under Article 227 of the Constitution of India.

5.

Subject to the aforesaid observations, and reserving the right under Section 105 of the CPC, the petition is dismissed. (GAURI GODSE, J.) Page no. 2 of 2