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Bombay High Court

GANESH SHANKARLAL DARAK BEING PROPRIETORversusTHE COMMISSIONER CHATRAPATI SAMBHAJINAGAR MUNICIPAL CORPORATION

Disposal
DISPOSED OFF

Holding

The court allowed the amendment of the petition as sought by the petitioner.

Summary

Ganesh Shankarlal Darak, a proprietor, filed a civil application (Writ Petition No. 2782 of 2024) before the Bombay High Court, Aurangabad Bench, seeking relief against the Commissioner of the Chhatrapati Sambhajinagar Municipal Corporation. The petitioner requested that the court permit amendment of the petition as per prayer clause ‘B’. The court, after considering the reasons recorded in the application, allowed the amendment, directing that it be effected within three weeks and that the amended copy be served on the respondents. The respondents were further directed to file an affidavit in reply within two weeks of the service. The order reflects the court’s procedural discretion to permit amendment to ensure the just resolution of the dispute.

Issues considered

  • Whether the petitioner is entitled to amend the civil application under prayer clause ‘B’
  • Whether the amendment should be allowed without prejudice to the respondents

Subjects

  • amendment of pleadings
  • civil application
  • writ petition
  • procedural order
  • High Court

Judgment

2026:BHC-AUG:33797-DB
                                                       1                        18.doc



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD
                          18 CIVIL APPLICATION NO. 7831 OF 2026
                                     IN WP/2782/2024

                  GANESH SHANKARLAL DARAK BEING PROPRIETOR
                                   VERSUS
             THE COMMISSIONER CHATRAPATI SAMBHAJINAGAR MUNICIPAL
                                CORPORATION
                                                ...

                                         WITH
                             WRIT PETITION NO. 2782 OF 2024
                                               ...
           Advocate for the Applicant : Mr. Rohit Dhongade h/f. Mr. Yadkikar Amit A
                       Advocate for Respondent No.1 : Mr. A.P. Bhandari
            Advocate for Respondent No.2 : Ms. Shital S. Karle h/f. Ms. Anjali Dube
                                               …
                                             CORAM         : NITIN B. SURYAWANSHI AND
                                                             ABASAHEB D. SHINDE, JJ.
                                                DATE       : 31.07.2026

                 PER COURT :
                 .      For the reasons recorded in the application, the same is allowed
                 in terms of prayer clause ‘B’. Amendment be carried out within a period
                 of three (03) weeks. The petitioner to serve the amended copy to the
                 other side. The respondents may file file their affidavit in reply, within a
                 period of two (02) weeks thereafter.




                 ( ABASAHEB D. SHINDE, J. )                 ( NITIN B. SURYAWANSHI, J. )


   vsj..


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