Bombay High Court

NISHA @ NEETUversusSUNIL KUMAR

Disposal: Allowed

Holding

The court held that the appeal memorandum may be amended notwithstanding the respondent’s objections, subject to the stipulated time‑frames.

Summary

The applicant, Nisha @ Neetu, filed a Civil Miscellaneous Application seeking permission to amend the appeal memorandum in First Appeal No. 59/2026. The respondent, Sunil Kumar, raised objections to the amendment. The High Court, after considering the applicant’s reasons and the respondent’s objections, allowed the amendment, directing that it be effected within two weeks and that the amended appeal memo be served on the respondent. The respondent was ordered to file an affidavit in reply within six weeks of service. The application was disposed and the appeal was listed for hearing on 18 December 2026.

Issues considered

What is the appropriate procedural discretion of the High Court in allowing amendment of an appeal memorandum despite the respondent’s objections?

Subjects

amendment
appeal memorandum
civil procedure
miscellaneous application
High Court

Judgment

                                  24 MCA 462 2026

     Sonam

             IN THE HIGH COURT OF BOMBAY AT GOA
               MISC.CIVIL APPLICATION NO.462 OF 2026
                                IN
                    FIRST APPEAL NO.59 OF 2026
NISHA @ NEETU                                           ... APPLICANT
  Versus
SUNIL KUMAR                                             ... RESPONDENT


Mr. Jay Mathew, Advocate for the Applicant.
Mr. Ravi Anand (through V.C.), Advocate for the Respondent.


                      CORAM:- VALMIKI MENEZES, J.
                      DATED :- 9th October, 2026

P.C.:
1.      For the reasons stated in the application and after considering
the objections of the Respondent, the application is allowed.
Amendment shall be carried out within two weeks from today.
Amended copy of the Appeal Memo shall be served on the
Respondent, who shall file his Affidavit in Reply within six weeks
from the date of service of the amended Appeal.


2.       The Civil Miscellaneous Application No. 462/2026 stands
disposed of.


3.    List First Appeal No. 59/2026 on 18.12.2026.



                                             VALMIKI MENEZES, J.
                                     Page 1 of 1
                                   9th October, 2026

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