Gangadhar Narsingdas Agarwal v. Deepa Anant Bandekar
Case brief
What is this about?
Bombay High Court at Goa; WP 381.2024; Valmiki Menezes J.; decided 23.01.2025; writ petition against order dated 31.08.2023 of Civil Judge Senior Division ‘C’ Court, Vasco Da Gama (Exhibit D-29) allowing amendment of plaint adding new cause of action and relief of damages/compensation with interest; amendment based on Commissioner's report assessing damage to suit premises; Trial Court had restricted Commissioner's report to habitability; original suit for mesne profits and arrears of rent; parties consented to quashing; impugned order quashed and set aside; amendments struck off; suit to proceed unamended; no order as to costs.
What did the court decide?
Impugned amendment order quashed and set aside by consent; amendments struck off from the plaint; Civil Court directed to proceed with the hearing of the suit without the amended pleadings and reliefs; Rule made absolute; no order as to costs.