Suresh Rajaram Patil vs Gulshan Nana Katkari @ Waghe And ...
2021 Latest Caselaw 11812 Bom

                  Digitally signed
      IRESH       by IRESH
                  SIDDHARAM
      SIDDHARAM   MASHAL
      MASHAL      Date: 2021.08.26
                  16:37:55 +0530


                                                                     16.4562.21 WP.doc

ISM
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                     CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 4562 OF 2021

         SURESH RAJARAM PATIL                                        ....PETITIONER

                   V/s.

         GULSHAN NANA KATKARI                                .....RESPONDENTS
         @ WAGHE AND ORS

         Mr. Ashok T. Gade a/w Riya John for the petitioner


                                     CORAM :   NITIN W. SAMBRE, J.

                                     DATE:     AUGUST 25, 2021.

         P.C.:

         1]        Heard learned counsel for the petitioner-defendant. According to

him, petitioner by way of afterthought moved an amendment

application after prayer for temporary injunction was rejected,

whereby nature of claim has entirely changed. By drawing support

from the Judgment of this Court in the matter of Archana Ashok

Amburle Vs. Arpana Shankar Dudham [(2019) 3 ALLMR 768], he

would claim that it is open for the plaintiff to fle a separate suit for

the cause which is relied seeking amendment to the plaint.

16.4562.21 WP.doc

2] I have perused the impugned judgment.

3] Trial in the suit is yet to commence i.e. the suit as at the stage

of fling additional written statement.

4] Apart from above, judgment cited in the case of Archana Ashok

Amburle [cited supra] will be of hardly any support as the court has

dealt with in the eventuality wherein the trial has already begun

which is not the case in the present case.

5] In the facts and circumstances, the only modifcation which in

my opinion warrants in the order impugned is, plaintiff shall pay cost

of Rs. 2000/- to the petitioner-defendant. Plaintiff shall deposit such

cost within period of 4 weeks from the date of production of this

order before the Trial Court. If such cost is deposited within time

mentioned above, petitioner will be entitled to withdraw the same.

16.4562.21 WP.doc

6] Petition stands disposed of in the above terms.

7] Liberty to move the Court below for expeditious disposal of the

Suit.

[NITIN W. SAMBRE, J.]