Writ petition against rejection of a post-remand plaint amendment application in an injunction suit. The High Court found construction occurred while the trial Court decree was operative, so amendment should have been allowed, and set aside the impugned order.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 2306/2024
Vishwas S/o Mahadeo Chitare
Vs.
Gopal S/o Janrao Kankirad
Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders
Mr. A.D. Girdekar, Advocate for petitioner Mr. Nikhil Parwani, Advocate for Respondent
CORAM: N.R. BORKAR, J.
DATED : 10th JULY, 2024
This petition takes exception to the order dated 11.01.2024, passed by the 2nd Joint Civil Judge, Senior Division, Akola, below Exh.89 in Regular Civil Suit No.204/2009.
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3 944-2306-24.odt
(N.R. BORKAR, J.)
MP Deshpande
Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 30/07/2024 13:18:12
1 issue framed by the court
Whether the trial Court was justified in rejecting the petitioner's application to amend the plaint after remand, given that construction occurred while the decree was in force?
Vishwas S/o Mahadeo Chitare
Gopal S/o Janrao Kankirad
N.R. Borkar
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
