Baban Dagdoo Madane Decd Thru Lhrs vs Shree Chandraprabhu Jain Dersar ...
2022 Latest Caselaw 13132 Bom

                                                              4-WP-15425-22.doc

Chaitali
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                            WRIT PETITION NO. 15425 OF 2022


      Baban Dagdoo Madane (since deceased) &
      Ors.                                                  ...Petitioners

              Versus

      Shree Chandraprabhu Jain Derasar Trust &              ...Respondents
      Ors.
                                  ----------
      Mr. V.R. Tripathi for the Petitioners.
      Mr. Ketan R. Parekh for the Respondents.
                                        ----------
                                    CORAM :     R.I. CHAGLA J
                                    DATE  :     16TH DECEMBER, 2022
      ORDER :

1. Heard the learned Counsel for the parties.

2. By this Writ Petition filed under article 227 of the Constitution

of India, the Petitioners are challenging the impugned judgment and

order dated 21st November 2022 by which the Appellate Bench of the

Court of Small Causes has allowed the Application for amendment of

the Plaint and by which the Plaintiff was directed to carry out

amendment within a period of 14 days from the date of the said

impugned order. The Plaintiff was also directed to pay costs of

4-WP-15425-22.doc

Rs. 10,000/-.

3. Stay had been granted by the Lower Court on 21 st November

2022 which was operational till 5 th December 2022. The Petitioners

herein had applied for an extension of stay on 5 th December 2022

which Application was rejected by the Appellate Bench of Small

Causes Court vide order dated 5th December 2022.

4. The Respondents herein has thereafter taken steps through

their Advocates for applying for condonation of delay in carrying out

the amendment and for deposit of costs. This Application had come

up on 12th December 2022, when the Advocate for the Petitioners

herein was present and upon Application made by the Advocate for

the Respondents, the Application was allowed and delay for carrying

out amendment was condoned and amendment was to be carried out

within seven days from the date of the said order.

5. The learned Counsel appearing for the Respondents states that

the amendment has already been carried out in compliance with the

said order dated 12th December 2022.

6. The Respondents have also deposited the costs in compliance

with the prior order dated 21st November 2022.

4-WP-15425-22.doc

7. Considering that the Petitioners have challenged the impugned

order dated 21st November 2022 passed by the Appellate Bench of

Court of Small Causes which has already been given effect to and

amendment carried out, the Writ Petition has become infructuous.

Accordingly, the Writ Petition is dismissed.

8. The rights and contentions of the parties are kept open in so far

as the amendment carried out in the Plaint is concerned and which

may be agitated before the lower Court.

[R.I. CHAGLA J.]