Partly allowed

Shahaji Ramling More and Anothers v. Shivaji Ramling More and Others

Bombay HC29 Jan 2019WP/1839/2016

Case brief

AI extract

What is this about?

This petition allowed an amendment to the written statement and counter claim with liberty to file additional affidavits. The impugned order was quashed, proposing timelines for amendment and subsequent proceedings in the trial court.

What did the court decide?

The impugned order was quashed; amendment to written statement/counter claim allowed with liberty to file additional affidavits and directions were issued to the trial court.

Shahaji Ramling More and Anothers Vs Shivaji… — Civil Procedure and Limitation | Bombay HC (2019)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.1839 OF 2016

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SHAHAJI RAMLING MORE AND ANOTHERS VERSUS SHIVAJI RAMLING MORE AND OTHERS

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Advocate for Petitioners : Shri Chapalgaonkar S.G. Advocate for Respondent 2 : Shri Deshmukh R.S. a/w Shri Kale Kunal

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CORAM : RAVINDRA V. GHUGE, J. Dated: January 29, 2019

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PER COURT :-

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I have heard the learned Advocates for the respective sides for quite some time. Issue is as regards an amendment to the Written Statement and the counter claim. On account of the pendency of this matter and in view of the ex-parte ad-interim relief, granted by this Court (Coram: V.K.Jadhav, J.) on 18.2.2016, RCS No.25 of 2005 has been stayed.

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Learned Advocate for the original plaintiffs, submits on instructions, that if an amendment to the written statement and the counter claim is to be permitted, the plaintiffs desire to file an additional affidavit to contradict the amended portion. Same liberty can be granted to the remaining defendants 1 to 5, who are respondents herein.

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In view of the above, this petition is partly allowed. The

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akl/d

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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2-WRIT PETITION NO.1839 OF 2016

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impugned order dated 5.10.2015 is quashed and set aside and application Exhibit 290 is allowed with the following directions:-

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(A) An amendment to the written statement and the counter claim shall be made on/or before 15.2.2019 and freshly typed amended copy shall be tendered in the trial Court on/or before the same date.

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(B) The original plaintiffs and other defendants are at liberty to file their additional affidavits in the plaint / written statement and the counter claim, as the case may be, on/or before 8.3.2019.

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(C) The trial Court would consider the amended portions and would cast additional issues, if felt necessary, on/or before 30.3.2019.

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(D) The litigating sides would, thereafter, proceed to lead additional evidence in view of the amendments and additional pleadings of the parties.

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(E) The trial Court would decide RCS No.25 of 2005 on/or before 31.12.2019.

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( RAVINDRA V. GHUGE, J. )

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akl/d

Shahaji Ramling More and Anothers v. Shivaji Ramling More and Others

Case brief

What is this about?

What did the court decide?

Shahaji Ramling More and Anothers v. Shivaji Ramling More and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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