wp8338.10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ WRIT PETITION NO. 8338 OF 2010 NARAYAN BUDHA BHOI (DIED) TH LRS MANIK NARAYAN BHOI AND ORS VERSUS BHAGWAT BUDHA BHOI AND ORS ... Advocate for Petitioner(s) : Mr.Pokharkar Darshan D. AGP for Respondent(s): Mr.D.V. Tele. Advocate for Respondent(s) : Mr. Patil Vijay B. for R.No. 1 ... CORAM : S.S. SHINDE, J. Dated: August 05, 2011 ... Heard. 2 This writ petition is filed challenging the order dated 25th August, 2009 passed by the C.J.S.D., Jalgaon on Exh.163 in Special Civil Suit No.227/2001. 3 The original plaintiff filed the wp8338.10 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ application (Exh.163) for amendment to the suit under O. 6 R. 17 of CPC. By the impugned order, without assigning any reason whatsoever, the C.J.S.D., Jalgaon has allowed the application for amendment. The order impugned in this petition is a non speaking order and the reason as to why such amendment is necessary is not discussed by the trial Judge in the impugned order. On that ground alone, the impugned order is required to be set aside. 4 Accordingly, the impugned order dated 25th August, 2009 passed by the C.J.S.D., Jalgaon on Exh.163 in Special Civil Suit No.227/2001 is quashed and set aside. The application Exh.163 is restored to its wp8338.10 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ original file. The C.J.S.D., Jalgaon to hear the said application afresh after giving proper opportunity to the parties to put forth their contention and then only pass orders on merits without being influenced by any observation made in this order. The concerned Judge to expedite the hearing of the said application and decide the same within one month from the date of receipt of this order. Writ Petition is partly allowed and disposed of. (S.S. SHINDE, J.) PLK/*