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2025 DAILYLAW 40054 (BOM)

JOKIM ANTON MENDIS AND ORS v. FIDALIS @ LUIES GHABARU MENDIS SINCE DECD. THRU. LRS AND ORS

WP/10515/2025 · 2025-07-29

Gauri Godse

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

531-WP-10515-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10515 OF 2025 Jokim Anton Mendis and Others … Petitioners Vs. Fidalis @ Luies Ghabaru … Respondents Mendis since decd. Through Lrs and Others Mr. Anand S. Patil for the Petitioners. CORAM : GAURI GODSE, J. DATE : 29th JULY 2025 ORDER : 1. Not on board. Taken on the production board. 2. This petition is filed by defendant nos. 3 to 6 to challenge the order refusing permission to amend the written statement. The application is rejected mainly on the ground that it is filed after evidence is closed and the suit is posted for final arguments. The application is also rejected on the ground that there was no justifiable reason for amending the plaint at the fag end of the suit. 3. The impugned order is purely an interlocutory order. 1/2 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2025.08.01 23:43:00 +0200 531-WP-10515-2025.docx Normally, the court should be slow in interfering with such interlocutory order. In view of Section 105 of the Code of Civil Procedure, 1908 (“CPC”) it will always be open for the petitioner to challenge the impugned order in an appeal, in the event the final decree is adverse to the petitioner. 4. Hence, this is not a case to interfere with the impugned order in exercise of the discretionary jurisdiction under Article 227 of the Constitution of India. 5. Subject to the aforesaid observations, and reserving the right under Section 105 of the CPC, the petition is dismissed. [GAURI GODSE, J.] 2/2