Narayan S/O Goverdhandas Mohanani vs Nagpur Improvement Trust (Nit), Thr. ...
2025 Latest Caselaw 1048 Bom

Bombay High Court

Narayan S/O Goverdhandas Mohanani vs Nagpur Improvement Trust (Nit), Thr. ... on 30 July, 2025

wp4004.25.odt                                                                             1/2



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR.

                        WRIT PETITION NO.4004 OF 2025
  ( Narayan s/o Goverdhandas Mohanani             Vs. Nagpur Improvement Trust and another )
__________________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions               Court's or Judge's orders.
and Registrar's Orders.

                  Mr. S.S.Sitani, Advocate for petitioner.


                  CORAM :         PRAFULLA S. KHUBALKAR, J.

                  DATE :          30th JULY, 2025.


                  1.            Heard       Mr.    S.S.Sitani,    learned      counsel   for    the
                  petitioner.

2. The petitioner has challenged the order dated 24.2.2025 passed by the Trial Court, thereby rejecting the petitioner's application under Order VI Rule 17 of the Code of Civil Procedure, seeking amendment of the plaint.

3. The learned counsel for petitioner submits that the petitioner-plaintiff had initially challenged a notice under Section 53 of the Maharashtra Regional Town Planning Act, 1966, by filing Regular Civil Suit No.884/2023. During the pendnecy of the said suit, the respondents issued a fresh notice, purportedly in accordance with the judgment of this Court in a Writ Petition dealing with identical subject matter.

4. He submits that since the controversy regarding challenge to the first notice was pending adjudication, the petitioner-plaintiff was entitled to raise challenge to second notice in the same Civil Suit. He, therefore, submits that since the amendment application was filed before the evidence started, the

Trial Court ought to have allowed the application since the same would help in determining the real questions involved in controversy. In support of his submissions, he relies upon the judgment in the matter of Life Insurance Corporation of India Vs. Sanjeev Builders Private Limited and Anr. reported in 2022 Supreme Court 4256.

5. Issue notice to the respondents, returnable in four weeks.

(PRAFULLA S. KHUBALKAR, J.)

Mukund Ambulkar

Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 30/07/2025 18:50:30