Yogesh Balasaheb Hambarde vs Bapurao Ramji Deokatte And ...
2021 Latest Caselaw 1498 Bom

                                   1                   WP 1147.2021.odt

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                   906 WRIT PETITION NO.1147 OF 2021

             YOGESH BALASAHEB HAMBARDE
                            VERSUS
         BAPURAO RAMJI DEOKATTE AND ANOTHER
                               ...
         Advocate for Petitioner : Mr. Gaikwad Anil M.
                               ...
                  CORAM : V.K. JADHAV, J.

Dated: January 21, 2021 ...

PER COURT :-

1. The petitioner is the original plaintiff, instituted a

suit for cancellation of the sale deed. It was dismissed

by the trial court. Being aggrieved by the same, the

petitioner-plaintiff has fled the appeal bearing RCA

No.50 of 2007. Learned Adhoc District Jude Kandhar by

judgment and order dated 6.8.208 partly allowed the

appeal, quashed and set aside the judgment and decree

passed by the trial court and remanded the matter to

the trial court for decision a fresh by allowing the

plaintiff to produce the documents and to lead the

evidence and to make amendment in the plaint, if

required.

aaa/-

2 WP 1147.2021.odt

2. After remand, the petitioner-plaintiff has fled an

application exh.108 under order 6 rule 17 of the CPC for

carrying out the amendment in the plaint, however, by

impugned order, the trial court has rejected the said

application.

3. In view of the above, issue notice to the

respondents, returnable on 18.2.2021.

( V.K. JADHAV, J. ) ...

aaa/-