High CourtsSINGLE BENCH(2017) 04 BOM CK 0156

Mr. Bernard Miranda vs Mr. Mahajan Shaikh, & Ors.

Bombay High Court · Decided on 6 April 2017

HON’BLE JUDGES
F. M. Reis
CASE NUMBER
53 of 2017

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Judgment

10 paragraphs · 168 words
1.

Heard Mr. Nigel Da Costa Frias, learned counsel appearing for the petitioner, Mr. B. Sardessai, learned counsel appearing for the respondent no.1 and Ms. A. Lobo, learned counsel appearing for the respondent no.2.

2.

Rule. Heard forthwith with the consent of the learned counsel.

3.

The learned counsel appearing for the respective respondents waive service.

4.

After hearing the matter for some time, the following order is passed by consent. O R D E R

(i) The impugned order dated 08.12.2016 is modified and the petitioner is granted leave to amend the plaint only to the extent of the proposed amendment 12(i) as mentioned in the application dated 29.11.2013.

(ii) The petitioner shall carry out amendment within one week.

(iii) The respondents to file additional written statement within two weeks thereafter.

(iv) The learned Judge shall proceed to decide the suit after framing additional issue, if any, in accordance with law.

(v) Rule is made absolute in the above terms.

(vi) The petition stands disposed of accordingly.