Usha Chandrakant Kamble And ANR v. Yogesh Ram Pawar And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5454 OF 2025 Usha Chandrakant Kamble & Anr.

...Petitioners

Versus

Yogesh Ram Pawar & Anr.

...Respondents

Mr. Prajeet Sahane a/w. Ms. Sakshi Thombre, for the Petitioners. Ms. Shruti Tulpule, for the Respondents.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

2nd MAY 2025 P. C.:

1.

Heard Mr. Sahane, learned Counsel appearing for the Petitioners and Ms. Shruti Tulpule, learned Counsel appearing for the Respondents.

2.

By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the order dated 7th April 2025 passed by the learned 6th Additional Judge Small Causes Court and Joint Civil Judge, Senior Division, Pune below Exhibit34 in Civil Suit No.510 of 2018 seeking prayer to amend the written statement.

3.

Learned Trial Court has inter alia rejected the said application on the ground that the application is filed at belated stage and the trial has started.

4.

However, perusal of the record shows that the date on which the said application bearing Exhibit-34 seeking amendment in the written statement is filed, on the very day evidence affidavit is filed. Thus, in that sense, the trial has not started on the day on which, the amendment application was filed and in any case, started on the very date on which the amendment application was filed.

5.

In view of above factual position, Ms. Shruti Tulpule, learned Cousnel appearing for the Respondents i.e. Plaintiffs states that the Respondents/Plaintiffs have no objection, if the said amendment application is allowed.

6.

Accordingly, by cosnent of the parties, the order dated 7th April 2025 passed by the learned 6th Additional Judge Small Causes Court and Joint Civil Judge, Senior Division, Pune below Exhibit-34 in Civil Suit No.510 of 2018 is quashed and set aside

and the said application bearing Exhibit-34 seeking amendment in the written statement is allowed. The Petitioners i.e. Defendants to carry out the amendment in the written statement within a period of 14 days from today. Amended copy of the written statement be served within that period on the learned Advocate appearing for the Respondents/Plaintiffs.

7.

Accordingly, the Writ Petition is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2025.05.06 09:56:07 +0530 SONALI MILIND PATIL