Madhukar Sadashivrao Dharamthok ... vs Anil Sadashivrao Dharamthok
2022 Latest Caselaw 7708 Bom

                                                                                (1)                                                                 Format - 10

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

                                                       Writ Petition No.4650/2022
                                  Madhukar Dharamthok thr Lrs V Anil Dharamthok
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram,                                                                   Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Mr. A.M. Sudame, Advocate for Petitioner.


                                                                          CORAM :                    AVINASH G. GHAROTE, J.

DATE : 05/08/2022

Heard Mr. Sudame, learned Counsel for the petitioner.

The suit for eviction filed by the petitioner/ landlord, was decreed

in absence of the defendant on 27-01-2012. The appeal by the tenant

has been allowed by the learned District Judge by the judgment dated

03-03-2022, whereby the Judgement of the Small Causes Court was set

aside and the matter was remanded back to enable the defendant to

participate. Consequent to remand, an application under Order 6 Rule

17 of the C.P.C. for amendment of the plaint, to bring on record a

position that in the year 2015 the defendant had purchased the

immovable property and therefore had accommodation of his own was

filed. This application has been rejected by the impugned order dated

06-07-2022 (p 19) on the ground that the application was uncertain and

vague.

Issue notice for final disposal to the respondent, returnable on

30-08-2022.

(2) Format - 10

The petitioner to serve the respondent before the returnable date.

Hamdast granted.

JUDGE Deshmukh