Bombay High Court
Madhukar Manik More And Others vs Rajendra Vitthal Patil And Others on 4 September, 2019
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
1 930-wp-10960-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10960 OF 2019
MADHUKAR MANIK MORE AND OTHERS
VERSUS
RAJENDRA VITTHAL PATIL AND OTHERS
...
Advocate for the Petitioners : Shri M. B. Sandanshiv
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CORAM : RAVINDRA V. GHUGE, J.
DATED : 4th SEPTEMBER, 2019.
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PER COURT :
1. The petitioner / original plaintiffs in Regular Civil Suit No. 6/2013 are aggrieved by the order dated 02/03/2019 passed by the Trial Court, by which, their application Exhibit 46 seeking leave to amend the plaint and add a subsequent purchaser, has been rejected.
2. The learned Advocate for the plaintiff submits that the suit was dismissed on 11/11/2013 in default and was later on restored on 05/01/2018. In between these period, defendant Nos. 1 to 4 have sold the suit property Gat No. 150/2 in favour of defendant No.5. This subsequent sale and creation of third party interest was sought to be introduced in the plaint by ::: Uploaded on - 05/09/2019 ::: Downloaded on - 06/09/2019 01:59:07 ::: 2 930-wp-10960-19.odt amendment which is refused by the Trial Court.
3. Prima-facie, I find from the impugned order that the Trial Court has gone into the merits of the amendment, which are not to be considered at the time of dealing with the application for amendment, save and except if such an amendment introduces a time barred cause of action.
4. Issue notice to the respondents, returnable on 18/10/2019. Until then, the Trial Court would adjourn RCS No.6/2013.
5. Copies of the petition paper book, shall be supplied for issuance of notice, on or before 13/09/2019, failing which this petition shall stand dismissed without reference to the Court on 16/09/2019.
(RAVINDRA V. GHUGE, J.) shp/-
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