Ibrahim Mahamad Inamdar v. Ansar Mahamad Inamdar

48-wp-9939-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9939 OF 2025 Ibrahim Mahamad Inamdar .....Petitioner Vs.

Ansar Mahamad Inamdar .....Respondent Mr. Nagesh Chavan with Ms. Ankita Chindage, for Petitioner. CORAM : S. G. CHAPALGAONKAR, J.

DATED : 11th DECEMBER 2025 P.C.:- 1.

Heard Mr. Nagesh Chavan, learned Advocate appearing for Petitioner.

2.

The present Writ Petition takes exception to order dated 13th June 2025 passed by learned Civil Judge, Senior Division, Sangli below Exhibit 59 in Special Civil Suit No.362 of 2021, by which application filed for extension of time for carrying out amendment in written statement was rejected.

3.

This Court after considering submissions advanced had issued notice to Respondent vide order dated 18th July 2025 and directed Petitioner to deposit Rs.5,000/- in trial Court to show his bona fide and costs to be paid to plaintiff.

Gaikwad RD 1/2

48-wp-9939-2025.doc 4.

Mr. Nagesh Chavan, learned Advocate appearing for Petitioner, on instructions, would submit that amount of costs is already deposited in trial Court. The notice of this petition was issued for final disposal at admission stage. The notice is duly served upon Respondent, however, none appears. The bare look to impugned order would show that Petitioner's prayer for amendment in written statement was allowed vide application below Exhibit 50. The Petitioner/defendant could not carry out amendment within stipulated period.

5.

In light of factual aspects, this Court finds it appropriate to extend time to carry out amendment by four weeks from today. The amount of costs deposited by Petitioner be paid to plaintiff. 6.

In case of failure to carry out amendment within extended period of four weeks, impugned order passed by learned Joint Civil Judge, Senior Division below Exhibits 58 and 59 would govern the proceeding.

7.

The Writ Petition is allowed in terms of prayer clause (b). (S. G. CHAPALGAONKAR, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2025.12.12 14:23:25 +0530 Gaikwad RD 2/2 RAJU DATTATRAYA GAIKWAD