Sumitra Madhavrao Ghodake And ANR v. Namruta Pasha Shaikh And ORS

by VARSHA VIJAY RAJGURU Date:

2025.06.21 17:08:11 +0530 VARSHA VIJAY RAJGURU 51-wp-7536-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7536 OF 2025 Sumitra Madhavrao Ghodake and Anr ... Petitioners vs.

Namruta Pasha Shaikh and Ors ... Respondents Mr. Drupad Patil for Petitioners.

CORAM : GAURI GODSE, J.

DATED : 20th JUNE 2025 ORDER:

1.

Mentioned out of turn at the end of the day, by the learned advocate for the petitioners.

2.

This petition is filed by defendant nos. 1 and 2 to challenge order dated 15th April 2025 rejecting their application for amendment to the written statement.

3.

The impugned order is purely an interlocutory order. Normally, court should be slow in interfering with such interlocutory order. In view of Section 105 of the Code of Civil Procedure, 1908 ("CPC") it will always be open for the petitioner to challenge the impugned order in an appeal, in the event the final decree is adverse to the petitioner.

4.

Hence, this is not a case to interfere with the impugned Page no. 1 of 2

51-wp-7536-2025.doc order in exercise of the discretionary jurisdiction under Article 227 of the Constitution of India.

5.

Subject to the aforesaid observations, and reserving the right under Section 105 of the CPC, the petition is dismissed. (GAURI GODSE, J.) Page no. 2 of 2