Mr. Sunil Navalu Magdum And ORS. v. Mr. Navalkumar Bhimrao Halbagol ORS.

20-WP-11144-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11144 OF 2025 Sunil Navalu Magdum & Ors.

.....Petitioners Vs.

Navalkumar Bhimrao Halbagol Ors.

.....Respondents Mr. Samrat M. Raibagkar, for the Petitioners. CORAM : S. G. CHAPALGAONKAR, J.

DATED : 11th SEPTEMBER 2025 P.C.:- 1.

Heard.

2.

Issue notice to Respondent, returnable on 9th October 2025.

3.

Learned counsel appearing for the Petitioners submits that Application for amendment of plaint has been allowed after commencement of trial without any explanation for delay in filing Application for amendment or without stipulation as to due diligence, which is contrary to proviso appended to Order VI Rule 17 of Civil Procedure Code.

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20-WP-11144-2025.doc 4.

He would submits that reliance of learned Trial Court on proposition of law laid down in case of Life Insurance Corporation Vs Sanjeev Builders Private Limited and Anr1 is misplaced. 5.

Considering submissions advanced, there shall be adinterim relief in terms of prayer clause (c). (S. G. CHAPALGAONKAR, J.) AIR 2022 SC 4256.

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