IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 13 FIRST APPEAL NO. 1950 OF 2026 NOORJAHAN BEGUM SYED BADRUDDIN VERSUS DARGAH HAZRAT MOULANA SAHEB, PAITHAN THRU. HEREDITARY MUTAWALLI SHAMSUNISSA BEGUM SYED Q. INAMDAR ... Mr. N.S. Muthiyan, Advocate for appellant Mr. P.P. Patni, Advocate for sole respondent ... CORAM : ROHIT W. JOSHI, J. DATE : 22nd SEPTEMBER, 2026 ORDER : . The present appeal is filed in order to challenge order dated 24.04.2026 passed by learned District Judge / Chairman, Maharashtra State Waqf Tribunal, Aurangabad rejecting application for amendment of written statement filed by the present petitioner / original defendant in Waqf Suit No.75/2023 vide Exh.74. The application for amendment was admittedly made after the trial has commenced with recording of evidence of the plaintiff. Perusal of the application for amendment will demonstrate that petitioner / defendant No.1 intended to incorporate pleadings with respect to documents which are filed on record. Apart from the fact that the application was filed after commencement of trial for which non plausible explanation was offered, according to learned Tribunal, the learned Tribunal has 2026:BHC-AUG:43014 2 13_FA_1950_2026 predominantly rejected the application on the ground that the parties are only required to plead the facts and not evidence. It is recorded that the proposed amendment relates to documentary evidence, for which pleadings are not required. Learned Advocate for respondent /original plaintiff also makes a statement that respondent/plaintiff shall have no objection for allowing the petitioner/defendant to lead evidence with respect to documents enumerated in the proposed amendment and that objection to admissibility of the said documents in evidence, if duly proved in accordance with law, will not be raised for want of pleadings. In view of the observations made by learned Tribunal in paragraph No.16 of the order, as also having regard to the statement made by learned Advocate for respondent / plaintiff, in the considered opinion of this Court First Appeal can be disposed of by directing that the petitioner/defendant will be permitted to lead evidence with respect to documents referred in the proposed amendment and that objection with respect to absence of pleadings with respect to the said documents will not be raised by the respondent/plaintiff and that the learned Tribunal shall not disallow the said documentary evidence for want of pleadings. First Appeal stands disposed of in the light of observations made above. ( ROHIT W. JOSHI, J. ) agd