Trimbak Ganesh Kulkarni (Decd.)by Lrs.-Bhalchandra Trimbak Kulkarni v. Balwant Ganesh Kulkarni (Decd.)by Lrs.-Bhaskar Balwant Kulkarni and Ors.
Case brief
What is this about?
Single judge dismissed a writ petition challenging an interlocutory discretionary order of the Trial Court. The court held that writ jurisdiction was not warranted for interfering with the trial court's discretion. The amendment permitted by the trial court was noted to be without prejudice to limiting defenses.
What did the court decide?
The writ petition was dismissed. The Trial Court's order permitting amendment stands. Rights of rival parties regarding limitation are deemed pending.