Mangesh Dhondu Nalavade And ANR v. Dhonu Dhaku Nalavade Since Decd. Thr. Lrs

2.10297.24 wp.docx Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10297 OF 2024 Mangesh Dhondu Nalavade and anr .....Petitioners Vs.

Dhonu Dhaku Nalavade .....Respondents Since Deceased through LRs Mr. Viral Rathod a/w Mr. Saurav More for the petitioners Mr. Arun Nalavade for respondent no. 1/a Ms. Vijaya Nalavade respondent no. 1/b present in person CORAM : GAURI GODSE, J.

DATE :

17th JUNE 2025 ORDER:

1.

This petition is filed by the defendants to challenge the order dated 15th April 2024 permitting the plaintiff to carry out the amendment to the plaint. The suit is at an initial stage. 2.

The impugned order is purely an interlocutory order. If the decree passed in the suit is adverse to the petitioner, while preferring an appeal against the decree, the petitioners can always challenge the interlocutory order in view of the provision of 1/2

2.10297.24 wp.docx Section 105 of the Code of Civil Procedure, 1908 ('CPC'). 3.

Moreover, by filing an additional written statement to the amended plaint, the petitioners can always raise all possible contentions as permissible in law. If the petitioners have not yet filed an additional written statement, they are at liberty to do so within six weeks from today.

4.

Hence, this is not a case to interfere with the interlocutory order in the discretionary jurisdiction of this Court under Article 227 of the Constitution of India. It is however, clarified that the observations made in the interlocutory order have been made for a limited purpose of deciding the application for the amendment of the plaint.

5.

Subject to what is observed above, the petition is dismissed, by keeping the liberty under Section 105 of the CPC open. The rights and contentions of the parties on merits in the suit are kept open.

[GAURI GODSE, J.] IRESH MASHAL by IRESH MASHAL Date:

2025.06.21 11:02:13 +0530 2/2