Dipak Dhanwant Khomane Decd Thru Lhrs v. Om Sai Developers Through Partner And ORS

30-WP-8771-2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

rrpillai CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8771 OF 2025 Dipak Dhanwant Khomane ...

Petitioners Decd through LRs.

Vs.

Om Sai Developers through ...

Respondents Partner and Others Mr. Bhalchandra S. Shinde for the Petitioners. CORAM : GAURI GODSE, J.

DATE :

7th JULY 2025 ORDER :

1.

This petition is filed by the original plaintiff to challenge the order permitting the defendant to amend the counter claim. The application is allowed at a pre-trial stage. Learned counsel for the petitioner submits that issues are not yet framed.

2.

The impugned order is purely an interlocutory order. Normally, the 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 Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2025.07.08 08:28:04 +0200 petitioner to challenge the impugned order in an appeal, in RAJESHWARI RAMESH PILLAI the event the final decree is adverse to the petitioner. 1/2

30-WP-8771-2025.docx 3.

The petitioners can always raise all possible contentions as permissible in law, by filing additional written statement to the amended counter claim. The petitioners are therefore permitted to file their additional written statement within four weeks.

4.

Hence, this is not a case to interfere with the impugned 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.] 2/2