SMT. SAVITA MORAJKAR Vs. GANBA FATI FAL DESSARI

JUDGEMENT

(1.) Heard Mr. Usgaonkar learned advocate for the petitioners and Mr. Rodrigues advocate for the respondent.

(2.) Mr. Rodrigues, learned counsel for the respondent submits that the writ petition is not maintainable in view of the judgment of the Apex Court in the case of Prem Bakshi and ors Vs. Dharam Dev and ors. (2002) 2 SCC 2 . Mr. Usgaonkar, learned counsel for the petitioners submits that the judgment relates to jurisdiction of the High court under Sec. 115 of C.P.C. and as such is not attracted in the present case since the petitioner has filed writ petition challenging order dated 8/12/2009 passed by the Civil Judge, Sr. Divn., Quepem in Special Civil Suit no.3/2005/A allowing the application for amendment dated 23/09/2010. I am of the considered opinion that the ratio laid down in the case of Prem Bakshi is not attracted in the present case since the petitioner has filed writ petition challenging order dated 8/12/2009 passed by the trial court allowing the amendment application.

(3.) Rule. By consent heard forthwith.