The High Court dismissed the writ petition challenging the trial court's order allowing amendment of plaint. The court held that measurement disputes are matters for trial and cross-examination in the civil court, dismissing interference.
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.
2024:BHC-AUG:24257
WP 11006/24
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
20 WRIT PETITION NO. 11006 OF 2024
SURESH BAJIRAO PAWAR VERSUS
ASHOK BHASKAR MORE AND OTHERS
Advocate for the Petitioner : Mr. Pramod P Dhorde
CORAM : ARUN R. PEDNEKER, J. Dated : October 07, 2024
PER COURT :-
WP 11006/24
2
the matter and defendant No. 1/petitioner will have all the opportunity to file appropriate application before the Trial Court to defend the measurement carried out by the cadastral surveyor. As such, I see no reason to interfere in the impugned order passed by the Trial Court. With the above observations, the writ petition is dismissed.
( ARUN R. PEDNEKER, J. )
ssc/
1 issue framed by the court
Whether the writ court should interfere with the trial court''s order allowing amendment of plaint to incorporate measurement details.
Suresh Bajirao Pawar
Ashok Bhaskar More
Arun R. Pedneker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
