Brijbhushan Shivshankar Gupta And ANR v. The State Of Maharashtra And ORS
20 wp 18209 of 2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18209 OF 2024 Brijbhushan Shivshankar Gupta and Anr.
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Petitioners versus The State of Maharashtra and Ors.
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Respondents Mr. Archit Jayakar with Mr. Santosh Avhad i/by Jayakar and Partners, for Petitioners.
Ms. Aloka A. Nadkarni, AGP for Respondent No.1. CORAM: N.J.JAMADAR, J.
DATE :
21 JANUARY 2025 P.C.
1.
Heard the learned Counsel for the parties.
2.
The challenge in this Petition is to an order dated 4 September 2024 passed by the learned Civil Judge, Sr. Division, Panvel, on an application (Exhibit 119) for framing additional issues, whereby the said application came to be rejected observing, inter alia, that the Plaintiffs had not filed draft issues. 3.
From the perusal of the application (Exhibit 119) it appears that a vague application was filed by the Plaintiffs seeking settlement of the additional issues, pursuant to the amendment in the written statement. It also appears that the Defendants had not seriously objected to the framing of the additional issues, provided such issues were warranted consequent to the amendment in the written statement.
4.
It appears that on account of the vague nature of the application, the SSP 1/2
20 wp 18209 of 2024.doc learned Civil Judge was not equipped to apply his mind to the necessity of the framing of additional issues pursuant to the amendment in the written statement. It is true, the learned Civil Judge had also observed that he was of the opinion that no additional issues need to be framed. Yet, in these circumstances, it may be expedient to permit the Petitioner to file a fresh application for settlement of additional issues, within a stipulated period. In the event such an application is filed, the learned Civil Judge shall decide the same in accordance with law.
5.
Hence, the following order :
ORDER
(i) The Petitioners are permitted to file a fresh application for settlement of additional issues clearly setting out the proposed issues and the reasons therefor, within a period of one week from the date of uploading of this order.
(ii) In the event such an application is filed, the learned Civil Judge, shall decide the same in accordance with law after providing an opportunity of hearing to the parties.
(ii) The Writ Petition accordingly stands disposed. ( N.J.JAMADAR, J. ) by SWAROOP SHARAD PHADKE Date: 2025.01.23 10:16:49 +0530 SWAROOP SHARAD PHADKE SSP 2/2