Shri. Rajendra S/O Surdas Meshram vs Dadaram S/O Sitaram Bhure
2022 Latest Caselaw 13084 Bom

Citation : 2022 Latest Caselaw 13084 Bom
Judgement Date : 15 December, 2022

Bombay High Court

Shri. Rajendra S/O Surdas Meshram vs Dadaram S/O Sitaram Bhure on 15 December, 2022

Bench: V. G. Joshi

                                                  1                                   7 wp 6308.2022

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

                            WRIT PETITION NO. 6308 OF 2022
                                Shri Rajendra s/o Surdas Meshram
                                               ..vs..
                             Shri Dadaram s/o Sitaram Bhure and anr.

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Office Notes, Office Memoranda of Coram,                                Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                              Shri Nitin Bhishikar, Advocate for the petitioner.



                                            CORAM : VINAY JOSHI, J.

DATED : 15/12/2022.

Heard.

2. The petitioner/defendant no.2 has challenge the order of the Trial Court by which the amendment to the Plaint was allowed when the matter was fixed for judgment. The respondent has filed a suit for specific performance in which the parties led evidence, which was followed by final arguments and at this stage, when the matter was fixed for judgment, the respondent/plaintiff has applied for amendment to the Plaint.

3. The respondent sought amendment to incorporate the pleadings about readiness and willingness in terms of Section 16(c) of the Specific Relief Act, 1963.

4. It is primely argued that the trial has not only commenced but it has been concluded and when the case was fixed for judgment, the amendment application is filed, which is not tenable.

2 7 wp 6308.2022

5. Issue notice to the respondents, returnable after three weeks.

6. In the meantime there shall be stay to the proceeding of the Trial Court.

(VINAY JOSHI, J.)

Trupti

TRUPTI SANTOSHJI AGRAWAL

16.12.2022 16:32