Allowed¶17

Ahmed Kha Musa Kha Pathan (Dead) Thr. Lrs. and Others v. Shaikh Razzak Shaikh Hamid

Bombay HC6 Oct 2025WP/5086/2024

Case brief

AI extract

What is this about?

Amendment of written statement disallowed after commencement of trial/evidence; belated amendment application at Exh.96; Regular Civil Suit No.50/2016; Civil Judge Junior Division, Chikhali, District Buldhana; writ petition allowed; impugned order quashed and set aside; no costs; decided 06-10-2025 by Siddheshwar S. Thombre, J., Bombay High Court Nagpur Bench.

What did the court decide?

Writ petition allowed; the order passed below Exh.96 in Regular Civil Suit No.50/2016 by the Civil Judge Junior Division, Chikhali, District Buldhana quashed and set aside; no order as to costs. ¶17

Ahmed Kha Musa Kha Pathan (Dead) Thr. Lrs. and Others Vs Shaikh Razzak Shaikh Hamid — Bombay HC (2025) — LawSathi Research

¶1

2025:BHC-NAG:10285

¶2

1 45-wp 5086.2024.odt

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

¶4

WRIT PETITION NO. 5086 OF 2024

¶5

( Ahmed Kha Musa Kha Pathan (dead) through LRs vs. Shaikh Razzak Shaikh Hamid )

¶6

Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

¶7

Mr. Atharva Manohar, Advocate for petitioners. Mr. Tejas Deshpande, Advocate for respondent.

¶8

CORAM : SIDDHESHWAR S. THOMBRE, J. OCTOBER 06, 2025

¶9

Heard learned counsel for the petitioners and respondent.

¶10

The petitioners who are the plaintiffs in R.C.S. No.50/2016 challenged the order passed by the learned Civil Judge Junior Division, Chikhali, District Buldhana, whereby the application filed by the respondent for seeking amendment in written statement at Exh.96 came to be allowed.

¶11

Learned counsel for the petitioners submitted that the application was filed after the evidence of the plaintiffs was already commenced and therefore, at such a belated stage, the learned trial Court ought not to have allowed the application for amendment.

¶12

Per contra, learned counsel for the respondent submitted that it is a clerical mistake and the same could not be avoided in spite of due diligence and no prejudice would be caused, if the amendment is allowed.

¶13

I have heard both the counsels for the petitioners and respondent. After going through the record, it shows that in the

¶14

KOLHE

¶15

2 45-wp 5086.2024.odt

¶16

suit evidence was already started, therefore, once the trial has already commenced, it would be inappropriate on the part of the trial Court to permit the respondent to amend the written statement. Therefore, in view of that, order cannot be sustained and same is liable to be set aside.

¶17

In view of above facts, the writ petition is allowed. The order passed by the learned trial Court below Exh.96 in Regular Civil Suit No.50/2016 passed by the Civil Judge Junior Division, Chikhali, District Buldhana is hereby quashed and set aside. No order as to costs.

¶18

( SIDDHESHWAR S. THOMBARE, J.)

¶19

KOLHE

Ahmed Kha Musa Kha Pathan (Dead) Thr. Lrs. and Others v. Shaikh Razzak Shaikh Hamid

Case brief

What is this about?

What did the court decide?

Ahmed Kha Musa Kha Pathan (Dead) Thr. Lrs. and Others v. Shaikh Razzak Shaikh Hamid

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

Similar cases

Shivaji Bajirao Aher vs Ashok Bajirao Aher through Lrs Sushila Ashok Aher and Others

Satish S/O Jagatnarayan Tiwari vs Pooja W/O Satish Tiwari

Motilal Darshanlal Jaiswal vs Rekha Rameshlal Jaiswal and Others

Shakuntala Shivaji Dhandar (Dead), Thr. Lrs and Another Vs Bhaskar Tryambak Jeughale (Dead), Thr. Lrs.

Swatantra Sangam Sainik Shri Dattuji Waghmare Education Soc.,Thr. President, Sudam Dattuji Waghmare Vs the Divisional Commissioner, Amravati Division, Amravati and Ors.

Preeti Wd/O Kiran Fulsunge and Another vs the Assistant General Secretary State Bank of India Staff Union, Nagpur and Anr.