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2000 Supreme(Bom) 396

A.M.KHANWILKAR
Pandurang Ramchandra Jadhav (Gursale) – Appellant
Versus
Uttaralaxmidevi Public Trust and others – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---By this petition under Article 227 of the Constitution of India, the petitioner has challenged the orders passed by the trial Court dated 19-7-1986 below Exhibits, 63, 65, 72 and 97 in Regular Civil Suit No. 96 of 1977. The petitioner had preferred the aforesaid four applications seeking amendment of the written statement, for framing an additional issue, to refer the issue regarding tenancy to the tenancy Court, and to frame an issue regarding rent respectively. All these applications have been rejected by the trial Court by separate orders.

2.During the course of hearing, it was pointed out to learned Counsel for the petitioner that the question raised, arising from the aforesaid applications made before the trial Court, the same can be kept open with liberty to the petitioner to raise the same before the Appellate Court, if need arises. This suggestion was made having regard to the fact that the hearing of the suit had virtually concluded, in that the recording of evidence had closed and the suit was actually to be placed for arguments, at which point of time the present applications were filed. Learned Counsel for the petitioner fairly accepted







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