1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 84. WP/7372/2009 SHIVAJI GYANDEO RAMPURE V/S GYANDEO VITHOBA RAMPURE AND ORS ) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. M.L.Dharashive, Adv., for the petitioner. Mr.B.N.Patil, Adv., for respondent nos.1 to 3. ... CORAM:K.U.CHANDIWAL, J. DATE: 28/9/2010 ... 1. Heard. 2. In a suit for partition, an application below Exh.57 in RCS No.230/2005 was moved by the plaintiff in terms of Order 6 Rule 17 of Code of Civil Procedure, seeking addition of pleading, incorporating certain properties and details. Considering the fact situation, as the matter was at the stage of framing of issues, after it was being remanded by the learned District Judge, the learned Civil Judge, Junior Division, dismissed the amendment 2 application. No impediment in allowing the amendment could apparently be seen, as, sufficient grounds and due diligence is demonstrated by the plaintiff, necessitating carrying of the amendment. 3. The learned Judge seized with the matter did not allow or entertain the application only on the ground that there was no such direction while the matter was being remanded by the learned District Judge. On such surmise, the application should not have been dismissed. 4. In the result, the application Exh.57, before the learned second Joint Civil Judge, Junior Division, Ausa, is allowed. The plaintiff to pay costs of Rs. 2,000/- by deposit it before learned Civil Judge,Junior Division, Ausa. Writ Petition allowed in above terms. (K.U.CHANDIWAL) JUDGE ... (agp:7372-09wp)