This writ petition challenges a Trial Court order allowing amendment of plaint post-framing of issues due to subsequent land acquisition. The High Court held amendments were necessary for effective adjudication and dismissed the petition.
Writ petition dismissed with no costs.
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.
1 wp_1092.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 1092 OF 2023
Shantabai Marotrao Nalge and others .. Petitioners
Versus
Bhagyashree Satyanarayan Nalge and others .. Respondents
Shri Mrigesh D. Narwadkar, Advocate for the Petitioners. Smt. G. L. Deshpande, A.G.P. for the Respondent Nos. 4 and 5.
CORAM : SHARMILA U. DESHMUKH, J. DATE : 16TH FEBRUARY, 2023.
FINAL ORDER :
. The substantial challenge in the petition is to the impugned order dated 06th October, 2022, whereby the respondent Nos. 1 to 3’s application for amendment of the plaint came to be allowed. Learned Counsel for Petitioners has confined his arguments to the order dated 6th October, 2022.
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withdrawing any compensation amount from the Sub Divisional Officer, Nanded in respect of land Sy. Nos. 12, 13, 14 and 17.
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subject property was acquired, further reliefs in respect of share in the compensation is sought. It may be stated here that the observation of the Trial Court that the matter is at initial stage and evidence is not yet recorded is contrary to the roznama which is produced on record and same is clearly erroneous. However, considering the nature of proposed amendments, it cannot be said that the amendments are not necessary for adjudication of the matter. The proposed amendments are sought by virtue of subsequent developments and no fault can be found with the order of the Trial Court dated 06th October, 2022.
[SHARMILA U. DESHMUKH, J.]
bsb/Feb. 23
3 issues framed by the court
Whether the High Court should interfere with the Trial Court's order allowing amendment of the plaint post-framing of issues under Order VI Rule 17 CPC.
Whether the proposed amendments seeking reliefs based on subsequent developments are necessary for effective adjudication of the suit.
Whether the Trial Court erred in observing that the matter was at the initial stage without recording evidence.
1 provisions across 1 enactments
Shantabai Marotrao Nalge and others
Bhagyashree Satyanarayan Nalge and others
Sharmila U. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
