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Bombay High Court

MANGALABAI BAPURAO ALIAS BAPUSAHEB LOKHANDE AND OTHERSversusSHAKUNTALABAI BAPURAO ALIAS BAPUSAHEB LOKHANDE AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court quashed the order of 06.12.2021 and allowed the amendment, permitting deletion of respondent No.3’s name.

Summary

The petitioners, Mangalabai Bapurao Lokhande and others, filed a writ petition in the Bombay High Court seeking permission to delete the name of respondent No.3 and to set aside an order dated 06.12.2021 of the 3rd Joint Civil Judge, Senior Division, Aurangabad, which had rejected their amendment application (Civil Miscellaneous Application No. 646 of 2015). The petitioners were aggrieved by the rejection of their amendment request. Respondents No.1 and No.2 expressed no objection to allowing the amendment, while respondent No.3’s counsel sought permission for the deletion of the name. The Court examined the petitioners’ grievance and the lack of opposition from the other respondents. It granted permission to delete the name of respondent No.3 and quashed the earlier order, thereby allowing the amendment sought by the petitioners.

Issues considered

  • Whether the order dated 06.12.2021 rejecting the amendment application can be set aside
  • Whether the petitioners may be permitted to delete the name of respondent No.3

Subjects

  • writ petition
  • amendment
  • civil procedure
  • quashing order
  • deletion of party name

Judgment

2026:BHC-AUG:6476
             Dilwale                                       1                   91-WP-2657-22.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                  91 WRIT PETITION NO. 2657 OF 2022

                   Mangalabai Bapurao Alias Bapusaheb Lokhande And Others
                                               VERSUS
                  Shakuntalabai Bapurao Alias Bapusaheb Lokhande And Others
                                                   ...
             Advocate for the Petitioners : Mr. A. A. Joshi h/f Mr. Natu Sharad V.
             AGP for Respondent No.3: Mrs. D. S. Jape
             Advocate for Respondent Nos. 1 & 2: Mr. Gaikwad P. M. & Gaikwad R. M.
                                                   ...

                                      CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                      DATE          : 12.02.2026

             PER COURT :
             1.        Heard the learned counsel for the petitioners.

             2.        The petitioners seek permission to delete the name of respondent

             No.3. Permission is granted to delete the name of respondent No.3 at the

             risk of the petitioners. Necessary amendment be carried out forthwith.

             3.        The petitioners are aggrieved by the order dated 06.12.2021

             passed by the learned 3rd Joint Civil Judge, Senior Division, Aurangabad

             below Exhibit-38 in Civil Miscellaneous Application No. 646 of 2015,

             whereby the application filed by the petitioners seeking amendment came

             to be rejected.

             4.        The learned counsel for respondent Nos. 1 and 2 submits that on

             instructions, he has no objection if the said application is allowed.

             5.        In view of the above, the present writ petition is allowed. The order
Dilwale                                 2                   91-WP-2657-22.odt


dated 06.12.2021 passed by the learned 3rd Joint Civil Judge, Senior

Division, Aurangabad below Exhibit-38 in Civil Miscellaneous Application

No. 646 of 2015 is quashed and set aside. The application below Exhibit-

38 stands allowed.



                                       [ SIDDHESHWAR S. THOMBRE ]
                                                 JUDGE


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