This single-judge order dismissed a writ petition challenging the learned Civil Judge's allowance of an amendment to the plaint to include disputed boundaries after evidence was recorded. The court held the petition lacked merit and the respondents' right to defend remained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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1. FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO.1088/2009.
(Bapurao Dagdu Chavan @ Gavare and Anr. Vs. Shankar Pralhad
Chavan and Anr.)
Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders
Mr.SI Nandode, Adv. for Petitioners;
Mr.PD Suryawanshi, Adv. h/for Mr. KJ Suryawanshi, Adv. for Respondents.
CORAM: K.U.CHANDIWAL,J.
DATE :27th September, 2010.
1) Heard.
2) The grant of proposed amendment, sought
for by the plaintiffs, as regards
addition of boundaries of the disputed
portion, after recording of evidence is
questioned by the defendants.
3) Though I quite see in the plaint
paragraph 1 the plaintiff initially
excluded to refer the four boundaries of
the disputed portion, however, situation
warranted to do so, seeking amendment,
which the learned Judge accordingly
allowed.
4) Needless to indicate, by virtue of the
amendment in the plaint, the right
accrued to the defendants, to controvert
the same or to challenge the same, is
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not curtailed and taken away. They can
resort to the same by appropriate
stand/defence, as permissible under law.
5) The petition lacks merit, dismissed. No
costs.
(K.U.CHANDIWAL)
JUDGE
bdv/
3 issues framed by the court
Whether the grant of proposed amendment to add boundaries in the plaint after evidence should be allowed.
Whether after amendment, respondents' right to controvert new portions remains intact.
Whether the writ petition lacks merit for challenging the amendment allowed by learned Judge.
1 provisions across 1 enactments
Bapurao Dagdu Chavan @ Gavare and Anr.
Shankar Pralhad Chavan and Anr.
K.U.CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court