Disha Advertising And Another vs The Hyderabad Metropolitan ...
2021 Latest Caselaw 2404 Tel

Item No.32

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                        AND
     THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                         W.A.No.271 OF 2021

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.     The present appeal has been preferred by the appellants/writ

petitioners assailing an order dated 28.12.2020 passed by the learned

Single Judge dismissing I.A.No.5 of 2019 in W.P.No.1009 of 2019

moved by the appellants/writ petitioners under Order VI Rule 17 CPC

praying inter alia for permission to amend the writ affidavit

with consequential amendments and insert a para comprising of

42 sub-paras in the original writ affidavit.

2.     Learned counsel for the appellants states that there was a

necessity to move an application for amendment in view of the

averments made by the respondents in their counter affidavit on

account of some subsequent developments that had taken place during

the pendency of the writ petition. We have indicated to learned

counsel that we are not inclined to interfere in the impugned order. At

this stage, she states that liberty be granted to the appellants to

mention the said developments while rejoining to the specific pleas

taken by the respondents in the counter affidavit.

3. Leave, as prayed for, is granted limited to bringing on record

additional facts on the basis of subsequent developments that have

taken place after filing of the writ petition and for dealing with the

pleas of the respondents in the counter affidavit, subject to the

condition that a rejoinder has not been filed by the appellant to the

counter affidavit of the respondents so far.

4. The present appeal is disposed of along with the pending

applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 17.08.2021 Lrkm