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BOMBAY HIGH COURT - BENCH AT AURANGABAD
SANDEEP V. MARNE, J
Bapusaheb Madhavrao Bhavar – Appellant
Versus
Sunita Dilip Dube – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Tambe Rahul A
For the Respondents:

ORAL JUDGMENT :-

1. By this petition, petitioner challenges the order dated 3.10.2022 passed by the 2nd Jt. Civil Judge, Sr. Division, Sangamner, thereby rejecting his application for amendment.

2. On 14.10.2022 notices for fnal disposal have issued to respondent nos.1 to 3 and 5. Statement of the learned counsel for petitioner was also recorded that the only contesting respondents are respondent nos.1 to 3 and 5 and that the rest of the respondents are formal ones. Offce report shows that notices have been served on respondent nos.1,2, 3-A to 3-C and 5, however none appears for respondents. Considering the fact that suit is already at the stage of arguments and proceedings of the suit have been stayed by order dated 14.10.2022, it would be in the interest of justice to decide the petition fnally rather than giving any further opportunity to respondent nos.1,2, 3-A to 3-C and 5.

3. I have heard learned counsel for petitioner. By way of amendment, petitioner/plaintiff desired to bring on record averments relating to agreement dated 5.7.2008. It is the case of the petitioner/plaintiff that ownership of road about which declaration is sought in the plaint has been admitted in that agreem

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