Writ petition challenging the Trial Court's order rejecting an application to amend the written statement in a partition suit. The High Court found no illegality or perversity and dismissed the petition, advising the petitioners to file a fresh amendment application.
The writ petition was dismissed as it was devoid of merit.
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.
62-WP-3599-23
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.3599 OF 2023
Bhagwan S/o Manikrao Khandare and others
.... Petitioners
Versus
Bansidhar S/o Bhagwanrao Khandare .... Respondents
Mr. Shahaji B. Ghatol Patil, Advocate for Petitioners Mr. Manish P. Tripathi, Advocate for the Respondent
[ CORAM : NITIN B. SURYAWANSHI, J.] DATE : 10th JULY, 2023
ORDER :
in respect of agricultural property Gut No.52 admeasuring 5 Hectare 0.4 R situated at village Dhanorea (Bk.), Taluka Jinture, District Parbhani, and other properties. The petitioners/defendants appeared and filed their written
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62-WP-3599-23 2
statement and opposed the suit. By filing Exhibit-48, the petitioner/defendants sought amendment of written statement, which is rejected by the Trial Court. Hence the present petition.
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62-WP-3599-23
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[ NITIN B. SURYAWANSHI ] JUDGE
S.P. Rane
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2 issues framed by the court
Whether the High Court should interfere with the Trial Court's order rejecting the amendment of written statement under Order VI Rule 17 CPC.
Whether there is any illegality or perversity in the Trial Court's finding that the amendment was unnecessary for adjudication.
1 provisions across 1 enactments
Bhagwan S/o Manikrao Khandare and others
Bansidhar S/o Bhagwanrao Khandare
Nitin B. Suryawanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
