Basavrao Sidrappa Patil v. Shobha Basavraj Patil

924 wp 246-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 246 OF 2026 Shri Basavrao Sidrappa Patil

...Petitioner

Versus

Smt. Shobha Basavraj Patil

...Respondent

...

Shri A.S. Patil, a/w Shri S.V. Powar, a/w Shri P.B. Bhakare, Advocate for the petitioner ...

CORAM : PRAVIN S. PATIL, J.

DATE : 24th APRIL, 2026.

P.C. :

1.

By this petition, challenge is to the order of Trial Court whereby the amendment application to correct the name of original defendant/petitioner was allowed.

2.

Considering the challenge to the order, this Court put a specific query to petitioner whether by correcting the name, the person would be changed or not. So also asked whether the averment made in the suit are related with the petitioner or not. Learned Counsel for petitioner, on instructions of petitioner states that there may be different person of same name but did not specifically deny that his identity will be R.S. Sahare

924 wp 246-2026.doc changed nor the averment made in the suit are denied by him in the matter.

3.

Petitioner then submitted that impugned order of learned Trial Court is not speaking order. There is no consideration to the issues raised by him about due diligence of respondent while filing the application. No discussion on the grounds which were raised by him in the matter. According to him, the impugned order is cryptic in nature. 4.

Perusal of impugned order shows that same is not happily worded. There is no discussion of the facts and law. The same is cryptic in nature. However, as stated above, this Court considering the fact that order passed by Trial Court being cryptic in nature, made inquiry into the matter. Accordingly, I am satisfied that original defendant and after carrying out correction in the cause title, the person is not changed. Hence, though the impugned order is cryptic in nature needs to be maintained in the facts and circumstances of the case. 5.

For the aforesaid reasons, I find no merit in the petition, hence, petition stands dismissed.

6.

No order as to costs.

[ PRAVIN S. PATIL, J.] R.S. Sahare