Nazma Begum Wd/O. Babbukhan And Others v. Akhtari D/O. Mohd. Umar And Others
2025:BHC-NAG:10685 This Order is Speaking to Minutes order of order dated // 1 3-MCA-1018-2024corrected order.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION (REVIEW) NO.1018 OF 2024 IN WRIT PETITION NO.5021 OF 2024 Nazma Begum Wd/o Babbukhan and Ors.
... Applicants/ Original Petitioners
Versus
Akhtari D/o Mohd. Umar and Ors.
... Respondents ....
Mr. P. P. Kothari a/w Mr. Nitin A. Lalwani, Advocates for the Applicants.
....
CORAM : N.R. Borkar, J.
DATE : 17th April, 2025 ORDER :
1.
By this application, a review of the order passed by this Court dated 03.10.2024 in Writ Petition No.5021 of 2024 is sought. 2.
I have heard the learned counsel for the Applicants. 3.
The learned counsel for the Applicants submits that this Court, while dismissing the Petition filed by the applicants, while dismissing the Petition filed by the applicants, has not considered the Sd/-
This Order is Speaking to Minutes order of order dated // 2 3-MCA-1018-2024corrected order.odt legal position that the amendment to plaint can not be allowed after passing of the decree, when by amendment description of property is sought to be charged. It is submitted that this Court has also not considered the legal position that if the plaint is allowed to be amended, then opportunity to carry out consequential amendment to written statement needs to be granted and in such eventuality, it would amount to retrial, which is not permissible. 4.
I have perused the said order dated 03.10.2024. In view of the finding recorded in the said order that there is a specific decree in respect of third room, I am not inclined to entertain the present Review Application. The Misc. Civil Application is therefore dismissed.
Sd/- (N.R. Borkar, J.) 5.
This order is corrected by correcting only the writ petition number in the cause title and para.1, in view of the speaking to minutes of the order dated 18.09.2025.
(PRAFULLA S. KHUBALKAR, J.)