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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