Mohan S/O Vyankatesh Agwan v. Vinay S/O Daulat Yenurkar And Others

22-wp3918.25.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No.3918 OF 2025 (Shri Mohan s/o.Vyankatesh Agwan Vs. Shri Vinay s/o.Daulat Yenurkar and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. U.M. Aurangabadkar, Advocate for petitioner. CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 28 th JULY, 2025.

1.

Heard Mr. U.M. Aurangabadkar, learned counsel for the petitioner.

2.

The challenge is to the order passed by the trial Court on application allowing amendment of written statement, at the stage of evidence. Primary contention of the petitioner is that the impugned order allowing the amendment doesn't spell out any reasons and it is simply observed that the proposed amendment is necessary for just and proper adjudication of the controversy.

3.

Learned counsel for the petitioner submits that the defendants are intending to introduce amendment which will change the nature of defence and they are attempting to introduce contradictory pleas, that too after the evidence of the plaintiff is started. Apart from this, it is submitted that the impugned order is passed after a period of five months after the application was heard.

4.

In view of this, issue notice to the respondents, returnable after three weeks.

22-wp3918.25.odt 2/2 5.

In the meantime, interim relief in terms of prayer clause (II) shall operate.

(PRAFULLA S. KHUBALKAR, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PS To Honourable Judge Date: 28/07/2025 18:41:48