Shamsundar Gulabchand Agrawal vs Dinkar Shantaram Ingole
2016 Latest Caselaw 6185 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                            
                         NAGPUR BENCH, NAGPUR




                                                                              
                              WRIT PETITION NO.1860 OF 2016

               Shamsundar Gulabchand Agrawal,
               Aged 71 years, Occ: Business,
               Prop of Shyam General Stores,




                                                                             
               Gokul Colony, Akola,
               Resident of A-25, Lala Lajpatrai
               Housing Society, Wing No.1,
               Gokul Colony, Akola,




                                                          
               Tq. & Dist. Akola.              ....... PETITIONER
                                   ig          ...V E R S U S...

              Dinkar Shantaram Ingole,
                                 
              Age: Adult, R/o Gokul Colony,
              Jawahar Nagar, Akola,
              Tq. & Dist. Akola.                         ....... RESPONDENT
     -------------------------------------------------------------------------------------------
      

              Shri S.M. Agrawal, Advocate for Petitioner.
              Shri Deepak Patil, Advocate for Respondent.
   



     -------------------------------------------------------------------------------------------

                          CORAM:  R.K. DESHPANDE, J. 

th OCTOBER, 2016.

                          DATE:      19





     ORAL JUDGMENT





     1]                   Rule,   made   returnable   forthwith.   Heard   finally   by

consent of the learned counsels appearing for the parties.

2] The challenge in this petition is to the order dated

09.02.2016 passed by the lower Appellate Court rejecting the

application for amendment of written statement filed in Regular

wp1860.16.J.odt 2/4

Civil Appeal No.136 of 2011 holding that a part of plea raised in

the amendment was available to the defendant when the written

statement was filed. On the second aspect of subsequent events,

there is no finding recorded by the lower Appellate Court.

3] With the assistance of the learned counsels appearing

for the parties, I have gone through the copy of the plaint and the

application for amendment of written statement. Para No.23-D

and onwards of the proposed amendment seeks to bring on record

the subsequent events, for that purpose documents are also filed

on record. The subsequent events have bearing on the question of

bona fide requirement of the land-lord, and hence to that extent

the amendment should have been allowed by the lower Appellate

Court. The learned counsel for the petitioner makes a statement

that he shall not ask for remand of the matter back to the trial

court for de novo trial.

4] In view of above, the writ petition is allowed.

The order dated 09.02.2016 passed below Exh.45 in Regular Civil

Appeal No.136 of 2011 is quashed and set aside to the extent it

refuses to allow the application introducing the proposed

amendment in para 23-D and onwards. The application to that

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extent is allowed. The trial court shall permit the consequential

amendment, if to made by the plaintiff. Any adjournment in the

matter at the instance of the petitioner-tenant before the lower

Appellate Court shall be for the costs not less than of Rs.5000/-.

                                                                                  
                                                                                    JUDGE




                                                               
    NSN
                                       
                                      
      
   







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