Disposed¶22

Jayant Dinkarrao Gadakh v. Dinkar Namdevrak Gadakh and Ors.

Bombay HC6 Feb 2025WP/1434/2024

Case brief

AI extract

What is this about?

Withdrawal of writ petition with liberty to file separate suit; challenge to dismissal of application to amend written statement and file counter claim; application at Exhibit-57; proposed paragraphs 19(a), 19(b), 19(c) and 20 not pressed; petitioner is defendant no.2; all contentions including maintainability kept open; Bombay High Court, Civil Appellate Jurisdiction; Gauri Godse, J.; advocates: Satyajeet P. Dighe for petitioner, Harshad M. Inamdar for respondent no.1; decision dated 4 August 2025.

What did the court decide?

Writ petition disposed of as withdrawn with liberty to the petitioner to adopt appropriate proceedings (including filing a separate suit) for the claim in proposed paragraphs 19(a), 19(b), 19(c) and 20 of the application at Exhibit-57; all contentions, including maintainability of such claim, kept open. ¶22

Jayant Dinkarrao Gadakh vs Dinkar Namdevrak Gadakh and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner (defendant no.2), whose application to amend the written statement and file a counter claim was dismissed, may withdraw the writ petition with liberty to adopt appropriate proceedings (including a separate suit) for his claim in proposed paragraphs 19(a), 19(b), 19(c) and 20 of the application at Exhibit-57. +1 more

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Court's answer

Since the petitioner would be entitled to file a separate suit for the proposed prayers, there is no reason to refuse the liberty sought to withdraw the petition and pursue the claim by appropriate proceedings.

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Ratio / Principle

All rival contentions pertaining to the proposed prayers, including the maintainability of such claim, are kept open notwithstanding the grant of liberty.

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Key takeaways

Leave was granted with liberty as prayed, and the writ petition was disposed of as withdrawn subject to that liberty.ratio¶20

Detailed headnote1 paragraphs

Bombay High Court (Gauri Godse, J.) — Writ Petition No. 1434 of 2024. The petitioner, defendant no.2 in the underlying suit, challenged the order dismissing his application to amend the written statement and file a counter claim. Counsel for the petitioner did not press proposed paragraphs 19(a), 19(b), 19(c) and 20 of the application at Exhibit-57 and sought leave to withdraw the petition with liberty to adopt appropriate proceedings for those claims. The Court held that, since the petitioner would be entitled to file a separate suit for the proposed prayers, there was no reason to refuse the liberty; however, all rival contentions, including the maintainability of such claim, were expressly kept open. Leave was granted as prayed and the writ petition was disposed of as withdrawn subject to the liberty.

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Digitally signed VARSHA by VARSHA VIJAY VIJAY RAJGURUDate: RAJGURU 2025.08.1213:48:11 +0530

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48-wp-1434-2024.doc

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varsha

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 1434 OF 2024

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Jayant Dinkarrao Gadakh

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… Petitioner

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vs.

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Dinkar Namdevrak Gadakh and Ors

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… Respondents

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Mr. Satyajeet P. Dighe for Petitioner Mr. Harshad M. Inamdar for Respondent No.1.

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CORAM : GAURI GODSE, J. DATED : 4^th AUGUST 2025

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ORDER:

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This petition is filed by defendant no.2 to challenge the order dismissing his application to amend the written statement and file the counter claim. Learned counsel for the petitioner submits that the petitioner’s claim is for recovery of amount against the plaintiff and the other defendants. He on instructions submits that the petitioner would not press for the proposed amendment in paragraph no. 3 of the application, i.e. the proposed paragraph 19(a), 19(b), 19(c) and 20. He further seeks leave to withdraw this petition with liberty to adopt appropriate proceedings regarding his claim prayed in the proposed paragraph nos. 19(a), 19(b), 19(c) and

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Page no. 1 of 2

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48-wp-1434-2024.doc

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20 in the application at Exhibit-57.

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Learned counsel for the plaintiff opposes the grant of any such liberty. He submits that if such a liberty is granted, all the contentions including the maintainability of the claim be kept open.

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Since, the petitioner would be entitled to file a separate suit for the proposed prayers, I see no reason to refuse to grant such liberty. However, all the rival contentions including maintainability of such claim needs to be kept open.

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Leave granted with liberty as prayed.

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It is clarified that all the contentions pertaining to the aforesaid proposed prayers including maintainability of such claim is kept open.

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Writ Petition is disposed of as withdrawn subject to the aforesaid liberty.

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(GAURI GODSE, J.)

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Page no. 2 of 2

Jayant Dinkarrao Gadakh v. Dinkar Namdevrak Gadakh and Ors.

Case brief

What is this about?

What did the court decide?

Jayant Dinkarrao Gadakh v. Dinkar Namdevrak Gadakh and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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