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Bombay High CourtWP/2119/2025dismissed

Sandesh S/O. Subhash Sonare v. Sau. Sandhya Yadavrao Bhad And ORS.

2025-07-10Hon'Ble Shri Justice Anil L. Pansare2 pages

1 910-2119-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2119/2025 Sandesh S/o Subhash Sonare Vs. Sau. Sandhya Yadavrao Bhad and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. N.G. Jetha, Advocate for Petitioner Mr. S.M. Vaishnav, Advocate for Respondent No.1 CORAM: ANIL L. PANSARE, J.

DATED : 10th JULY, 2025 1.

The challenge is to the order dated 21.12.2024, passed by the first appellate Court, permitting the respondents / appellants to amend the appeal memo.

2.

It appears that on the earlier occasion the first appellate Court has decided the appeal and the matter was filed before this Court in Second Appeal No. 189/2021. The Court was pleased to allow the appeal partly. The First Appeal was remanded back to the appellate Court for consideration afresh. The order of the remand does not indicate that the first appellate Court should render a finding only on particular point, rather, the entire appeal was remanded back for consideration afresh. In that sense, the first appellate Court had jurisdiction to permit amendment to appeal. It appears that the respondents intended to put-forth additional grounds, which the first appellate Court found to be valid. The first appellate Court also noted that addition of ground will cause no prejudice to the petitioner / original respondent.

3.

The counsel for the petitioner failed to show that these grounds will cause any prejudice to their case. That being so,

2 910-2119-25.odt there appears no reason to interfere with the impugned order dated 21.12.2024 passed below Exh.44 in Regular Civil Appeal No. 78/2018, by the District Judge-1, Wardha, in the supervisory jurisdiction under Article 227 of the Constitution of India. 4.

The petition is dismissed. No costs.

(ANIL L. PANSARE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 10/07/2025 18:39:49