In a writ petition challenging the lower court's order allowing an amendment of plaint in an eviction suit, the High Court held that adding a new ground for eviction did not require interference and dismissed the petition.
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.
65-wp-2516-24(j).odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
Writ Petition (WP) No. 2516 of 2024 Vivek S/o Narhar Oke
Versus
Mohammad S/o Iqbal Lakhani
Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order
Shri S.S.Joshi, Advocate for the petitioner. Shri J.J.Chandurkar, Advocate for the respondent.
CORAM : N.R.BORKAR, J. DATED : 5th SEPTEMBER, 2024.
This petition takes exception to the order dated 20th January, 2024 passed by the Civil Judge, Junior Division, Chandur Railway, District Amravati in Regular Civil Suit No. 7 of 2015.
“7-a) It is submitted that taking advantage of the lock down on account of the Covid-19 pandemic during
SKNair
65-wp-2516-24(j).odt
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the period of March 2020 to December 2021, the defendant has surreptitiously without the consent of the plaint erected structure on the plaintiff’s open land in the southern side adjoining the suit house and on the northern side on both sides of the bath room an latrine. The said erected structures are of permanent nature. The defendant is liable to remove the same. The plaintiff submits that he is also entitled decree of eviction and possession against the defendant on this ground also as he has unlawfully erected the said structures on the plaintiff’s land.”
Add at the end of prayer (a) as under:
“and remove entire structure erected by him on the open land around the suit house and deliver possession of the open land.”
SKNair
Vivek S/o Narhar Oke
Mohammad S/o Iqbal Lakhani
N.REBORKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
