Dismissed¶24

Sharad Dinkar Damle v. Vinayak Yashwant Gadre (Since Deceased through His Lrs )

Bombay HC3 Feb 2025WP/18525/2024

Case brief

AI extract

What is this about?

Amendment of plaint; application after commencement of trial; due diligence; bonafide requirement; hardship; landlord-tenant; Maharashtra Rent Control Act; tenant's duty to disclose properties; Exhibit 63; Civil Suit No. 89 of 2020; Small Causes Court Pune; writ petition dismissed; no costs.

What did the court decide?

None; the Writ Petition was dismissed with no order as to costs. ¶24

Why is it important?

Sharad Dinkar Damle vs Vinayak Yashwant Gadre (Since Deceased through His Lrs ) — Bombay HC (2025) — LawSathi Research

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31 WP 18525.24.DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.18525 OF 2024

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Sharad Dinkar Damle …Petitioner Versus Vinayak Yashwant Gadre (since Deceased) …Respondents through LRs.

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Mr. Hrishikesh Sopan Shinde, Advocate for Petitioner. Mr. Sanjay Kshirsagar, Advocate for Respondents.

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CORAM: MADHAV J. JAMDAR, J. DATED : 3^rd FEBRUARY 2025

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P.C.:

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Heard Mr. Shinde, learned Counsel appearing for the

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Petitioner and Mr. Sanjay Kshirsagar, learned Counsel appearing for the Respondents.

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The challenge in this Writ Petition is to the Order dated 19^th September 2024 passed by the learned 5^th Additional Judge, Small Causes Court and Joint Civil Judge, S.D., Pune below Exhibit 63 in Civil Suit No. 89 of 2020.

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The said Application bearing Exhibit 63 has been filed by the

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Respondent i.e. the Plaintiff seeking amendment in the plaint. It is

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31 WP 18525.24.DOC

stated in the Application that the Respondent-landlord came to know that the Defendants are in possession of several properties and details have been given in the amendment application. By the impugned Order, amendment application has been allowed.

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It is the main contention of Mr. Shinde, learned Counsel that the amendment application has been filed after commencement of trial and therefore the impugned Order is required to be quashed and set aside.

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However, it is required to be noted that the Suit has been filed for bonafide requirement under the provisions of Maharashtra Rent Control Act. In fact, it is the duty of the Petitioner-tenant to disclose to the Court the properties, which are available for the tenant and which are in possession of the Petitioner-tenant for deciding the aspect of hardship. The Respondent-landlord in the application stated that immediately after getting information regarding the properties, which are in possession of the tenant, the application has been filed.

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31 WP 18525.24.DOC

The learned Trial Court, while allowing the application at Exhibit 63 has specifically stated that it cannot be said that the Plaintiffs have filed the application without due diligence. Nothing is pointed out to show that the said observation of the learned Trial Court is contrary to the material on record. Therefore, no interference in the impugned Order is warranted.

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Accordingly, the Writ Petition is dismissed, however, with no order as to costs.

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BHALCHANDRA GOPAL DUSANE

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(MADHAV J. JAMDAR, J.)

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Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2025.02.05 11:53:46 +0530

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Dusane

Sharad Dinkar Damle v. Vinayak Yashwant Gadre (Since Deceased through His Lrs )

Case brief

What is this about?

What did the court decide?

Why is it important?

Sharad Dinkar Damle v. Vinayak Yashwant Gadre (Since Deceased through His Lrs )

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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