Bombay High Court

JAYDEV UTTAMRAO DESHMUKH AND OTHERSversusCENTRAL REGISTRAR OF COOPERATIVE SOCIETIES AND OTHERS

Disposal: DISPOSED OFF

Holding

The court allowed the amendment to add the specified respondents in the civil application and granted leave to amend the writ petition.

Summary

The petitioners filed a civil application seeking to add the Tahsildar, Pathardi and Talathi, Pathardi as respondents. The court allowed this amendment as per prayer clause ‘B’ and waived service for the added respondents. In the related writ petition, the petitioners requested leave to amend the petition after a notice was issued to create a charge on their property. The court granted leave to amend the writ petition, directing that the amended copy be served within four weeks and allowing respondents to file a reply. Both the civil application and the writ petition amendment were thus permitted by the bench.

Issues considered

Whether the addition of Tahsildar, Pathardi and Talathi, Pathardi as parties can be permitted through amendment of the civil application.
Whether leave can be granted to amend a writ petition after subsequent events, such as issuance of a notice creating a charge on the petitioner's property.

Subjects

amendment of pleadings
addition of parties
civil procedure
writ petition
High Court of Bombay

Judgment

                                  1                    909-CA-8912-26.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

               CIVIL APPLICATION NO. 8912 OF 2026
                         IN WP/2068/2026
                              WITH
                 WRIT PETITION NO. 2068 OF 2026

              JAYDEV UTTAMRAO DESHMUKH AND OTHERS
                              VERSUS
  CENTRAL REGISTRAR OF COOPERATIVE SOCIETIES AND OTHERS
                                  ...
Mr. Shubham D. Jayabhar, Advocate for Applicants
Ms. N. B. Kamble, AGP for Respondents/State
Mr. N. T. Tribhuwan, Advocate for Respondent No.1
                                  ...

                        CORAM : NITIN B. SURYAWANSHI AND
                                ABASAHEB D. SHINDE, JJ.
                         DATE : 21st AUGUST, 2026

PER COURT :

Civil Application No. 8912 Of 2026:-

1.          By this civil application, the applicants / petitioners are

seeking addition of Tahsildar, Pathardi and Talathi, Pathardi as party

respondents.

2.          For the reasons stated in the civil application, the civil

application is allowed in terms of prayer clause ‘B’. Amendment be

carried out forthwith. Learned AGP waives service for the added

respondents.


Writ Petition No. 2068 Of 2026:-

3.          It is pointed out that after filing of writ petition certain

subsequent events have occurred including issuance of notice for




SVH
                                   2                   909-CA-8912-26.odt


creating charge on the property of petitioner. Learned advocate for

petitioner, therefore, seeks leave to carry out amendment in the

writ petition. Leave is granted. Amendment be carried out within a

period of four weeks from today.

4.          Amended     copy   be      served   on   the   other     side.

Respondents are at liberty to file reply to the amended petition.



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




SVH

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