Bombay High Court
Sharad S/O Mahadeorao Ghate vs Shyam S/O Shrikrushnarao Ghate on 14 September, 2022
Author: Manish Pitale
Bench: Manish Pitale
1 923-wp-5358-22
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 5358 OF 2022
Sharad s/o Mahadeorao Ghate -- Petitioner
Vs.
Shyam s/o Shrikrushnarao Ghate & Others -- Respondents
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. Ved R. Deshpande, Advocate for Petitioner
Mr. N.R. Patil, AGP for Respondent Nos. 4 and 5
CORAM : MANISH PITALE, J.
DATE : 14th SEPTEMBER, 2022 Heard learned counsel for the petitioner.
2. It is submitted that in the present case, an application for amendment of the plaint filed by respondent Nos.1 and 2 (original plaintiffs) has been allowed on a factually incorrect position by the Trial Court. By inviting attention to paragraph No.4 of the impugned order, the learned counsel appearing for the petitioner submits that it is wrongly recorded that in the suit filed by the said respondents, issues are yet to be framed and trial is yet to commence. Attention of this Court is invited to documents at Annexure-VIII showing that issues are framed on 22/12/2021 and examination-in-chief by way of affidavit of the plaintiff itself has been filed on 24/02/2022, while the application for amendment was filed later i.e. on 14/06/2022.
2 923-wp-5358-22 Prima facie, it appears that the Court below erred in proceeding on the basis that trial was yet to commence. This has a bearing on the contentions sought to be raised on behalf of the petitioner by relying upon Order VI Rule 17 of the Code of Civil Procedure and the proviso thereto.
3. Issue notice, returnable on 19/10/2022.
4. Mr. N.R. Patil, learned Assistant Government Pleader waives service of notice for respondent Nos.4 and 5.
5. In the meanwhile and till the next date of listing, there shall be ad-interim stay in terms of prayer clause (b).
JUDGE MP Deshpande Digitally signed by:MILIND P DESHPANDE Signing Date:14.09.2022 17:48