LAWS(BOM)-2008-8-423

JANARDHAN S/O RAMACHANDRAJI BUTE Vs. GANPATI DEOSTHAN DEOLI

Decided On August 12, 2008
Janardhan S/O Ramachandraji Bute Appellant
V/S
Ganpati Deosthan Deoli Respondents

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of the parties.

(2.) Learned Counsel for the petitioner vehemently argued that by application for amendment (Exh.15), the petitioner/plaintiff only wanted to bring on record the fact that the suit property was in fact not the trust property of a public trust, namely, respondent and this was a very simple amendment application, which should have been allowed.

(3.) Learned Counsel for the respondent opposed the writ petition and argued that the application as well as suit both are nothing but abuse of process of law and thus justified the impugned order.