Single judge order quashing an impugned order granting amendment in contravention of a prior order granting time. Application to be restored to the file to be decided afresh.
Impugned order dated 23 Feb 2021 quashed and set aside; application restored to the file of Civil Judge Senior Division Sangli.
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(31)-WP-5089-21.doc .
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Digitally signed by BALAJI BALAJI GOVINDRAO GOVINDRAO PANCHAL PANCHAL Date: 2022.01.11 10:32:17 +0530
WRIT PETITION NO.5089 OF 2021
Sambhaji Balkrishna Zambre..Petitioner
Versus
Chaya Balkrishna Zambre and Ors. ..Respondents
Mr. Kuldeep U. Nikam, for the Petitioner.
Mr. Ajinkya Udane, for the Respondent No.1.
CORAM : NITIN W. SAMBRE, J.
DATE : 10th JANUARY, 2022
P.C.
1. Application Exh.67 moved by the petitioner/defendant
seeking time to submit his reply to the application Exh.62 for
amendment moved by the plaintiff/respondent was granted on 23rd
February, 2021, in spite of above the Trial Court passed the
impugned order granting amendment.
2. In the wake of above, since order passed below Exh.62 is
contrary to the order passed below Exh.67, the impugned order
dated 23rd February, 2021 passed below Exh.62 is quashed and set
aside. The application Exh.62 stood restored to the file of the Court
of Civil Judge Senior Division, Sangli.
3. The statement made by the counsel for the petitioner
that he shall be filing reply to the application Exh.62 with an
BGP. 1 o f 2
(31)-WP-5089-21.doc .
advance copy to the counsel for the plaintiff within one week from
today is accepted as an undertaking to this Court.
4. Application Exh.62 as such be decided afresh on its on
merits.
5. The petition stands disposed of in the aforesaid terms.
[NITIN W. SAMBRE, J.]
2 o f 2
BGP.
2 issues framed by the court
Whether to grant time to submit a reply before quashing an impugned order granting amendment.
Whether to quash an order granted in contravention of a prior order and restore the application to the court file.
Sambhaji Balkrishna Zambre
Chaya Balkrishna Zambre
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court