The High Court dismissed a writ petition challenging the trial court's order permitting plaintiffs to withdraw a possession suit with liberty to file a fresh suit. The bench held that the trial court did not commit any jurisdictional error.
The writ petition was 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.
905-WP-9465-2023
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.9465 OF 2023
Geetanjali Sunil Bilapatte And Another
Petitioners
Versus
Madhav Laxman Billapatte And Others
Respondents
Mr. P.F. Patni, Advocate for the petitioners.
[CORAM : NITIN B. SURYAWANSHI, J.]
DATE : 3rd AUGUST, 2023
ORDER :
Bhagyawant Punde
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Commissioner for scientific local investigation and the suit land was measured. From the report, it is revealed that only defendant Nos. 3, 5 and 6 have illegally encroached over 1 Hectare 29 Are land, hence, plaintiffs wanted to amend the plaint and to strike out remaining defendants. It is further contended that the defects of pleadings are fatal defects and this cannot be cured by moving appropriate amendment application as the application will be filed at a belated stage and the it may not be maintainable. Defendants by a detail say resisted the application. Trial Court has allowed the application. Hence, the present petition.
Bhagyawant Punde
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[NITIN B. SURYAWANSHI, J.]
Bhagyawant Punde
2 issues framed by the court
Whether the trial court erred in exercising discretion to allow withdrawal of the suit with liberty to file a fresh suit on the same cause of action.
Whether the defect in the plaint regarding misjoinder of parties is a jurisdictional error warranting interference in writ jurisdiction.
Colour shows how this judgement treated each authority
V. Rajendra Vs. Annasamy Pandian , (2017) 5 SCC 63Referred¶5
1 provisions across 1 enactments
Geetanjali Sunil Bilapatte And Another
Madhav Laxman Billapatte And Others
Nitin B. Suryawanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
