This is a writ petition where the original defendants sought quashing of a Trial Court order allowing the plaintiff to amend his plaint. The High Court dismissed the petition, holding that reducing the relief sought caused no prejudice to the defendants and the order was not erroneous.
Writ petition dismissed.
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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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 2089 OF 2018
DIGMBAR MAROTI SHELKE AND ANOTHER VERSUS SUBHASH MAROTI SHELKE
Advocate for Petitioner : Mr. J.R. Patil.
CORAM : RAVINDRA V. GHUGE, J. Dated : 13th March, 2018
PER COURT :
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erroneous and does not amount to causing gross injustice to the defendants so as to cause an interference. This petition is devoid of merit and is therefore, dismissed.
( RAVINDRA V. GHUGE, J. )
S.P.C.
2 issues framed by the court
Whether the defendants can be said to be affected by the plaintiff’s amendment scaling down his prayer from 50 Ares to 40 Ares land.
Whether the impugned order allowing the plaintiff’s amendment is perverse, erroneous or causing gross injustice to the defendants.
DIGMBAR MAROTI SHELKE AND ANOTHER
SUBHASH MAROTI SHELKE
RAVINDRA V. GHUGE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
