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2018 DIGILAW 2754 (BOM)

Narcinha R Kalangutkar, Son Of Late Rajaram V Kalangutkar v. Usha Ulhas Kerkar, Wife Of Ulhas Sonu Kerkar

2018-11-22

NUTAN D.SARDESSAI

body2018
JUDGMENT Nutan D. Sardessai, J. - Heard. 2. Both the appeals are admitted on the following substantial question of law: (a) Whether the learned Appellate Court was in error in not considering the challenge to the application for rejection of the amendment to the written statement which was specifically raised in the cross-objection. 3. Shri Parag Rao, learned Advocate waives service on behalf of the respondents no.1 & 2. 4. The impugned judgment and order is quashed and set aside. The matters are remanded to the learned First Appellate Court to redecide the appeals after deciding the question of amendment. All the contentions of the parties are left open. The learned First Appellate Court is directed to dispose off the matters as expeditiously as possible and in any event by 31/03/2019.