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Bombay High CourtWP/4352/2025dismissed

Shri Surchand Narayan Shende (Dead) Thr. Lrs. v. Sou. Manda Moreshwar Kamble

2025-08-18Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

wp4352.25.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.4352 OF 2025 (Surchand Narayan Shende (dead) thr. LR's Smt. Satyabhama Surchan Shende and others Vs. Sou. Manda Moreshwar Kamble) ---------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

---------------------------------------------------------------------------------------------------------------------------------- Mr. Sachin S. Deshpande, Advocate for Petitioners. CORAM: PRAFULLA S. KHUBALKAR, J.

DATE: 18 th AUGUST, 2025.

1.

Heard Advocate Mr. Deshpande, learned counsel for petitioners.

2.

The petitioners challenge is to order passed by the learned trial Court rejecting the application for amendment of the written statement by which the petitioners/defendants proposed to amend the name of the plaintiff by only mentioning the earlier name by which the plaintiff was known and by mentioning her date of birth. It is submitted that this was the only amendment sought for, which is necessary for identifying the status of the plaintiff with respect to certain documents on which the defendants want to rely. It is submitted that although the suit was at the stage of evidence the amendment ought to have been allowed which did not cause any prejudice to the other-side and which is necessary for deciding the controversy involved in the suit.

3.

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

wp4352.25.O.odt 4.

Hamdast granted.

(PRAFULLA S. KHUBALKAR, J.) NSN Signed by: Mr. N.S. Nikhare Designation: PS To Honourable Judge Date: 18/08/2025 18:51:02