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Bombay High CourtWP/14059/2017rejected

Shri. Bapusaheb Dinkar Mane v. Shri. Prakash Dinkar Mane And ORS.

2019-01-24Hon'Ble Shri Justice K.K. Tated1 pages

35-14059.17 RNG

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION WRIT PETITION NO.14059 OF 2017 Bapusaheb Dinkar Mane .. Petitioner vs Prakash Dinkar Mane & ors .. Respondents ..

Mr.Sushil Inamdar I.b Mr.Vijay Killedar for Petitioner CORAM :

K.K.TATED, J.

DATED : 24th JANUARY, 2019 P.C.:

Heard learned counsel for the petition.

1.

By this petition, under Article 227 of the Constitution of India, the petitioner (Orig.Defendant no.3) challenges the order dated 30.1.2017 passed by the learned Joint Civil Judge, Junior Division, Kurundwad below Exhibit 58 in Regular Civil Suit no.72 of 2012 rejecting the defendant no.3' s application to carry out amendment in the written statement. The trial Court specifically recorded in para 5 of the impugned order that the respondent/plaintiff has already filed evidence and trial began. In view of these facts, and as per the amended provisions of Order VI Rule 17 of the Code of Civil Procedure, 1908, I do not find any reason to interfere with the well­reasoned order passed by the trial Court.

2.

Hence, writ petition stands rejected.

[K.K.TATED, J.]