Avinash B. Avhad

Order - Status 7: ingale IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6447 OF 2013 Smt.Ashwini Ravindra Pingle .. Petitioner Vs. Shri Sanjay Ramchandra Kamthe and another .. Respondents Mr.Avinash B.Avhad, for Petitioner. CORAM : S.V.GANGAPURWALA, J. DATE : 01st August, 2013 P.C. : . The application for amendment in the written statement is rejected. Mr.Avhad, the learned Counsel for petitioner states that simply because, the matter is at the stage of final argument, that could not have been reason for rejecting the application for amendment. It was only at that point of time, the petitioner got the knowledge of the other properties owned by the plaintiff and given for redevelopment. The defendant had given details in the application, only because the defendant could not get the relevant documents, that could not have been the ground of denying the amendment application. According to the learned Counsel, the ground for eviction agitated by plaintiff is bonafide requirement. The said amendment would be relevant and material for effective adjudication of the dispute. The plaintiff had filed say to the application denying the said fact. The Court has observed that not a single document is produced along with the application substantiating the factum of the plaintiff possessing the survey No. 87 and given it for redevelopment. The parties have concluded the evidence. The plaintiff has even advanced his final argument. The matter was adjourned thrice for the argument of the defendant and thereafter, present application has been filed. The Court has considered the said aspect of the matter. I do not see any error committed by the Court while passing impugned order. The petitioner may assail the said order in case is required to file the appeal, if in law as it is permissible, relying on section 105 of C.P.C. The Writ Petition is dismissed. No costs. ( S.V.GANGAPURWALA, J.) 909.wp.6447.13