Smt. Sunita Shrikant Deshmukh, Thr. P.O.A., Shrikant S/O Laxman Deshmukh v. Ismail Khan S/O Late Bhure Khan And Others

2024:BHC-NAG:7839 1 935.WP.539-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 539 OF 2024 ( Smt. Sunita Shrikant Deshmukh Vs.

Ismail Khan S/o late Bhure Khan & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.M. Pande, Advocate for the Petitioner.

Mr. Y.B. Sharma, Advocate for the Respondents. CORAM: N.R. BORKAR, J.

DATED : 19th JULY, 2024 Heard.

2.

This Petition takes exception to the order dated 01.01.2024 passed by the Small Causes Court, Nagpur below Exh.37 in R.C.S. No. 102/2017. The Petitioner herein original defendant had filed an application for amendment of written statement. The Trial Court has rejected the said application by the order impugned.

3.

By consent of the parties, the order impugned is set aside. The Trial Court shall permit Respondents/original plaintiffs to file additional reply to the application for amendment at Exh. 37 and thereafter shall decide the application at Exh.37 on its own merits.

2 935.WP.539-2024.odt 4.

The Petition is disposed of in the above terms. No costs.

5.

Pending application/s, if any, shall stand disposed of accordingly.

(N.R. BORKAR, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 23/07/2024 17:34:00