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2013 Supreme(Bom) 291

R.M.SAVANT
Salma Asgarali Makati – Appellant
Versus
Raj Bucket Factory – Respondent


Advocates Appeared:
For the Petitioners:Sandesh Patil, Amit Joshi, Advocates.
For the Respondents:R1 to R3, Sunil Gangan i/b RMG Law Associates, R4, Chirag Mody i/b M/s. Shukla & Co., Advocates.

JUDGMENT

1. Rule, with the consent of the parties made returnable forthwith and heard.

2. The Writ Jurisdiction of this Court is invoked against the order dated 22-10-2012 passed by the 9th Civil Judge Junior Division, Thane, by which order, the application Exhibit 56 filed by the Respondent No.4 herein for amendment of the Written Statement came to be allowed and resultantly the Written Statement was permitted to be amended in terms of the schedule to the said application so as to incorporate paragraphs 4(a) to 4 (d).

3. The facts necessary to be cited for adjudication of the above Petition can be stated thus:

The Suit in question i.e. Special Civil Suit No.379 of 2006 came to be filed challenging the consent decree dated 21-3-2001 passed in Civil Suit No.11 of 2001. The said Regular Civil Suit No.11 of 2001 came to be decreed in terms of the consent terms. The said consent decree was signed by the Respondent No.4 herein and the Power of Attorney of one Sarabai Pachorawala who expired after the said consent terms were filed. The Power of Attorney on the basis of which the consent terms were signed was filed in Court and an application was moved purportedly on behalf of the person w













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