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Bombay High Court

ANIMULLAH ABDULLAH CHAUDHARYversusKEDARNATH MAHADEV TIWARI

Decided
Disposal
Dismissed

Holding

The High Court held that the trial court must first decide the maintainability of the obstructionist application before any further relief can be granted.

Summary

The petitioner, Animullah Abdullah Chaudhary, filed a writ petition challenging the trial court's handling of Obstructionist Application No. 10 of 2017. The principal issue was whether the application could be filed by Respondent-Defendant No.2 in the underlying suit. The High Court, after hearing counsel, directed that the trial court first determine the maintainability of the application. If the trial court finds the application prima facie maintainable, it was instructed to allow the applicant to amend the pleadings to include a specific schedule. The Court further ordered that, subject to these directions, the writ petition be disposed of. No substantive merits of the underlying dispute were decided, as the matter was remanded to the trial court for procedural determination.

Issues considered

  • Whether Obstructionist Application No. 10 of 2017 is maintainable at the instance of Respondent-Defendant No.2 in the suit.

Subjects

  • maintainability
  • obstructionist application
  • amendment of pleadings
  • civil appellate jurisdiction
  • writ petition

Judgment

                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO.4976 OF 2025


                       Animullah Abdullah Chaudhary                   ....     Petitioner
BHALCHANDRA
GOPAL                           Vs.
DUSANE
 Digitally signed by
                       Kedarnath Mahadev Tiwari                       ....     Respondent
 BHALCHANDRA
 GOPAL DUSANE
 Date: 2026.09.29
 12:21:28 +0530        Ms. Aditi Naikare, Advocate for Petitioner.
                       Mr. D.R. Singh a/w Mr. S.H. Singh i/b R.B. Singh & Associates for
                       Respondent.

                                                         CORAM : ARUN R. PEDNEKER, J.
                                                         DATE   : 23rd September 2026
                       P.C. :
                       1.       Heard learned Counsel for the parties.

                       2.       Learned counsels, after arguing for some time, agree that the Trial

                       Court may decide the maintainability of Obstructionist Application No. 10 of

                       2017, particularly as to whether the same is maintainable at the instance of

                       Respondent-Defendant No. 2 in the suit. In the event that the Court holds,

                       prima facie, that the said application is maintainable, it may permit the

                       Applicant to amend the pleadings and incorporate therein the schedule as set

                       out at page 39 of the Writ Petition.

                       3.       With the above directions, the Writ Petition stands disposed.


                                                                             [ ARUN R. PEDNEKER, J. ]
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                       31 WP 4976.25.doc                                                        Dusane


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