Bombay High Court

JYOTIRLING BABURAO KOLHAPUREversusMAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY THROU. THE SEC. AND ORS

Decided: 11 September 2026
Disposal: Disposed Off

Holding

The Court held that amendment of the writ petition at the pre‑admission stage is allowed and granted leave to amend the prayer clause (a).

Summary

The applicant, Jyotirling Baburao Kolhapure, filed an interim application seeking leave to amend his writ petition at the pre‑admission stage. The amendment sought to modify the prayer clause (a) of the original petition. Counsel for the applicant, Mr. Prabhanjan Gujar assisted by Mr. Padmanabh S. Sangle, argued that such amendment was necessary and permissible before admission. The respondents, represented by Mr. Satyajeet P. Dighe and the State counsel Mr. P.P. Kakade with Mr. V.G. Badgujar, opposed the amendment. The High Court, after considering the application, granted permission to amend the petition within two weeks and ordered that the amended copy be served on all respondents. The court also dispensed with the requirement of re‑verification of the amended petition.

Issues considered

Whether an amendment to a writ petition at the pre‑admission stage is permissible under the Civil Procedure Code.

Subjects

amendment
pre‑admission stage
writ petition
interim application
Civil Procedure Code

Judgment

                                                                               502-IA-7273-2026.doc


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO. 7273 OF 2026
          Digitally
          signed by
          RUPALI
                                                        IN
RUPALI    RAJESH
RAJESH    WAKODIKAR
WAKODIKAR Date:
                                          WRIT PETITION NO. 10025 OF 2024
          2026.09.11
          19:54:48
          +0530
                        Jyotirling Baburao Kolhapure                        .....Applicant
                                   Versus
                       The Maharashtra Housing & Area Development
                       Authority Throu. The Sec.& Ors.            .....Respondents
                                                       .....
                       Mr. Prabhanjan Gujar a/w Mr. Padmanabh S. Sangle, for the
                       Applicant.

                       Mr. Satyajeet P. Dighe, for the Respondent No.1.

                       Mr. P.P. Kakade, Addl. G.P a/w Mr. V.G.Badgujar, A.G.P for the
                       Respondent – State.
                                                    ..…

                                                    CORAM : M. S. KARNIK &
                                                            SANDESH D. PATIL, JJ.
                                                    DATE        : 11th SEPTEMBER 2026


                       P.C.:-


                                Not on Board. Taken on Board.

                       1.       Learned Counsel for the applicant seeks leave to carry out

                       amendment at pre-admission stage in terms of prayer clause (a).


                       2.       Permission is granted to carry out amendment in terms of

                       prayer clause (a) within two weeks from today. Amended copy be

                       Wakodikar                                                              1/2
                                               502-IA-7273-2026.doc


served on all the respondents.


3.     Re-verification dispensed with.




(SANDESH D. PATIL, J.)                   (M. S. KARNIK, J.)




Wakodikar                                                     2/2

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