Anurag Sanjay Jaid v. Vijay Pandit Kotare And ORS

wp-2352-13-(917)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2352 OF 2013 Anurag Sanjay Jaid ..Petitioner Vs.

Vijay Pandit Kotare & Ors.

..Respondents Mr. Ajit Karwande for the Petitioner Mr. V. B. Tapkir for the Respondent Nos.1 to 3 CORAM :

R. M. SAVANT, J.

DATE :

6th FEBRUARY, 2015 P.C.

The Writ Jurisdiction of this Court is invoked against the order dated 18-3-2012 passed by the Learned 6th Joint Civil Judge Senior Division, Pune, by which order the application Exhibit 61 for amendment of the plaint filed by the Plaintiffs came to be allowed. The Suit in question being Special Civil Suit No. 486 of 2010 has been filed for seeking partition and possession by the Plaintiffs, who are the daughters of one Dagdu Jaid. By the amendment sought, the Plaintiffs seek the incorporation of further properties which are allegedly owned by the Joint Hindu Family as also the name of the purchasers of some of the properties. The Plaintiffs are also seeking to amend the Plaint to describe the suit properties properly. The Trial Court having regard to the nature of the Suit and considering the fact that the said amendment would be necessary for a complete and effectual adjudication of the Suit allowed the said mmj

wp-2352-13-(917) amendment. In my view, having regard to the reasons mentioned in the impugned order, no case for interference in the Writ Jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed. [R.M.SAVANT, J] mmj