Pannalal S/O. Shivratan Bagadia v. Vishalsingh Ratansingh Hushare And Another

2026:BHC-NAG:400 1 30-WP-6627-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6627 OF 2025 Pannalal S. Bagadia Vs. Vishalsingh R. Hushare and Anr. Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Radhika Bajaj, Advocate for the Petitioner. CORAM: PRAFULLA S. KHUBALKAR, J .

DATED : 09 th JANUARY, 1.

It is pointed out that this Court has passed an Order dated 20.02.2025 in a bunch of matters including Writ Petition No.939/2025 (Pannalal S/o. Shivratan Bagadia Vs. Digambar S/o. Gangadhar Gawale and Another) along with connected matters. It is submitted that the instant petition can be decided in terms of the aforesaid order. Hence, the following order is passed :- 2.

Having heard learned counsel for the petitioner, the purpose will be served, if the position of law is reiterated, that where there are two applications pending, one for amendment to the plaint and another for rejection of plaint, the Trial Court shall first decide the application seeking amendment to the plaint. The petitioner is further at liberty to revive his request for withdrawal of suit once the application seeking amendment to plaint is decided.

3.

With the above observations, the petition is disposed of.

(PRAFULLA S. KHUBALKAR, J . ) Privel