HANUMANTRAO NAMDEO GHARGE Vs. SABEER KASAM SHAIKH

JUDGEMENT

(1.) Heard Mr. Abhijeet Desai, learned counsel appearing for the Petitioner and Ms. Divya Pawar, learned counsel appearing for the Respondent.

(2.) By the present Writ Petition, the Petitioner who is the original Appellant /original Defendant is challenging the legality and validity of the order dtd. 2/2/2023 passed by the learned Ad-Hoc District Judge-1, Thane below Exhibit-34 in Regular Civil Appeal No.167 of 2016. By the impugned order, said Exhibit-34 application filed by the Appellant seeking amendment of the written statement was rejected.

(3.) It is the contention of Mr. Desai, learned counsel appearing for the Petitioner that by the amendment application, subsequent events were sought to be brought on record. He submitted that the Slum Rehabilitation Authority issued notice dtd. 14/5/2018 and directed the Petitioner to vacate the suit premises within a period of 7 days and thereafter, the Petitioner was heard and order was passed on 9/10/2018 directing him to vacate the suit premises. He further submitted that thereafter, the Petitioner vacated the suit premises and the same were demolished and thereafter in November-2018, the construction work of the new building has started. He further submitted that the construction is in progress and alternate premises in lieu of suit premises by name "Samit Electric Works" is reserved by the Slum Rehabilitation Authority in lieu of the suit premises. Therefore, by the application bearing Exhibit-34, the subsequent facts were sought to be brought on record in the written statement.