Datta Raghunath Kathe and Ors. v. Mangesh Keshav Salunkhe and Anr.
Case brief
What is this about?
Bombay High Court writ petitions dismissed; challenge to Civil Judge Senior Division Kalyan order dated 13.11.2025 allowing amendment of Plaint; demolition of leased suit premises by Municipal Corporation on 28.01.2025; dispossession of Plaintiffs; tenancy/tenant rights survive demolition, not extinguished ipso facto; amendment compelled by subsequent events during pendency of suit; declaration of tenant-landlord relationship; notice under Section 268 Maharashtra Municipal Corporations Act 1949; permanent alternate accommodation; alternative relief Rs.15,000/- per month rent from Defendant Nos. 1 and 2; Municipal Corporation deleted from array of defendants; Shaha Ratansi Khimji & Sons Vs. Kumbhar Sons Hotel Pvt. Ltd. (2014) 14 SCC 1 relied on; Adv. Jitendra H. Oak; N. J. Jamadar J.; decision 07.04.2026.
What did the court decide?
Since the amendment was necessitated by subsequent developments during the pendency of the suit (demolition of the premises and dispossession of the Plaintiffs), the learned Civil Judge was justified in allowing the Application for amendment.