Prashant S/O Murlidhar Rathi And Another v. Deepak S/O Premnarayan Chourasia And Others

1 15. WP 5114 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5114 OF 2025 PRASHANT S/O MURLIDHAR RATHI AND ANOTHER --- .Vs. --- DEEPAK S/O PREMNARAYAN CHOURASIA 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. V.V. Bhangde, Advocate for Petitioners.

CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 09th SEPTEMBER 2025 1.

Heard learned Advocate for the petitioners.

2.

Challenge is to the order dated 01.04.2025, passed by the Court of Special Judge for Differently Abled Persons, Senior Citizens and Marginalized Sections of Society, Nagpur, rejecting the revision application and upholding the order of rejection of application for amendment of written statement. 3.

Learned Advocate for the petitioners submits that the petitioners, who are defendants in the suit, proposed to amend the written statement by incorporating the subsequent events, which are necessary for complete adjudication of the controversy involved in the suit.

4.

It is submitted that the learned Trial Court has passed the impugned order by considering only the merits of the proposed amendment and even the

2 15. WP 5114 of 2025.odt learned Revisional Court has passed the impugned order without appreceating the settled position of law. 5.

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

(PRAFULLA S. KHUBALKAR, J.) asd