A single judge allowed an interim application filed in a civil appeal seeking amendment of pleadings within one week. Consequently, the appeal was restored to the file.
Application allowed; one week given for amendment; notice to issued; appeal restored to file.
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.
27-IA-13864-2023.doc
Shantanu Dhudum
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE JURISDICTION
INTERIM APPLICATION NO. 13864 OF 2023 IN
FIRST APPEAL NO. 421 OF 2005
Shivajirao Vitthal Kalange (Deceased)
Digitally signed by SHANTANU SHANTANU SHANKARSA SHANKARSA DHUDUM DHUDUM Date: 2024.03.13 10:31:08 +0530
Thr. Lrs. Vijay Shivaji Kalange
Versus
….Appellant
Tukaram Sakharam Kalanbe & Ors. ….Respondents
Mr. Sharad Bhosle i/b Mr. Dilip Bodake, Advocate for the Appellant.
CORAM : SHIVKUMAR DIGE, J.
DATE : 11th MARCH, 2024.
P.C. :
1. Heard learned counsel for the Applicant. Though served,
none present for the Respondents.
2. Considering the submission of learned counsel for the
Applicant and reasons mentioned in the Application, the Application
is allowed in terms of prayer clauses (b),(c), (d) and (e), and
disposed of.
3. Appeal is restored to file.
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27-IA-13864-2023.doc
Shantanu Dhudum
4. Necessary amendment to be carried out within a period of
one week from today. If amendment is carried out, issue notice to the Respondents, returnable on 15th April, 2024.(SHIVKUMAR DIGE, J.)
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1 issue framed by the court
Whetherto allow interim application for amendment of pleadings in a civil appeal.
Vijay Shivaji Kalange
Tukaram Sakharam Kalanbe
SHIVKUMAR DIGE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court