Shri. Vitthal Pandurang Patil And ORS. v. State Of Maharashtra Through The Collector, Satara And ORS.

Tapadia RR/P.20 1 / 2 WPST/ 20688/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 20688 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Dilip Bodake, Advocate for Petitioner.

Mr. A.R.Metkari, A.G.P., for Respondents no.1 to 3.

CORAM: R.G.KETKAR, J.

DATE : 13/08/2015 PC:

1.

Not on Board. At the request of Mr.

Bodake, taken up for admission. Heard Mr. Dilip Bodake, learned counsel for the petitioner and Mr. A.R.Metkari, learned A.G.P. for respondents no.1 to 3.

2.

By this Petition under Article 227 of the Constitution of India, original plaintiffs have challenged the Judgment and order dated 1.4.2014 passed by the learned Jt. Civil Judge, Sr. Dn., Satara below Exhibit 242 in R.C.S. No.133 of 2006. By that order, the learned trial Judge rejected the application taken out

2 / 2 WPST/ 20688/2014 by the plaintiffs under Order VI, Rule 17 of CPC for amending the Plaint on the basis of subsequent event dated 26.11.2012.

3.

Mr. Bodake submits that the petitioners will not press this petition if liberty is reserved as contemplated by Section 105 (1) of CPC to challenge the impugned order in case the suit is decided against the plaintiff.

4.

In view thereof, Petition is disposed of as not pressed, with liberty to challenge the impugned as contemplated by Section 105(1) of CPC., in case the suit is decided against the plaintiff. Order accordingly.

(R.G.KETKAR,J.)