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2022 Supreme(Bom) 1453

NITIN B.SURYAWANSHI
Pradeep – Appellant
Versus
Digambar – Respondent


Advocates appeared:
D. Y. Nandedkar, Advocate, Sanghmitra Wadmare, Advocate

JUDGMENT

Nitin B. Suryawanshi, J. - Rule. Rule made returnable forthwith. Heard with the consent of parties.

2. This petition impugnes the order passed by 2nd Joint Civil Judge, Junior Division, Nanded, below Exhibit-17 in Regular Civil Suit No. 463/2016.

3. The petitioner/plaintiff filed a suit for possession of the property given on rent to the respondent/defendant on the ground of bonafide requirement, default in payment of rent and for recovery of rent. On failure of the respondent/defendant to file written statement, no written statement order was passed against him. The petitioner then filed his affidavit in lieu of examination-in-chief. Thereafter, the trial Court by setting aside the no written statement order, permitted the respondent to file written statement. In the written statement the respondent denied the ownership of the Petitioner claiming that he purchased the suit property from one Vijaymala Namdeo Kamble by a sale deed.

4. after going through the written statement, the Petitioner filed application Exhibit-17 seeking amendment in the plaint in claim clause, in prayer clause and in the pleadings claiming that if the court comes to a conclusion that the defendant is tr

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