Shri. Mohan Laxman Aayare v. Kusum Nivarutti Avate And ORS

36 wp 6620-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

WRIT PETITION NO. 6620 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. M. A. Utagikar for the Petitioner.

CORAM : K. K. TATED, J.

DATED : 06/06/2016 P.C.:

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Heard learned Counsel for the petitioner.

By this petition under Article 227 of Constitution of India, petitioner plaintiff challenges the order dated 13.02.2015 passed by 4th Joint Civil Judge, Junior Division, Pandharpur below Exh.38 in Regular Civil Suit No. 520 of 2013 by which the defendant's application under Order VI Rule 17 of Code of Civil Procedure, 1908 for carrying out amendment in written statement and filing counter claim was allowed.

It is to be noted that plaintiff filed the suit for partition of ancestral property.

Considering this fact that the suit was for partition for HUF property, in which the defendants have rights and they pointed out by amendment application that one property was not shown by the Sneha Chavan 1/2

36 wp 6620-15=.doc plaintiff in the suit, the Trial Court allowed the said application.

Considering this fact and the reason given by the Trial Court in order dated 13.02.2015, I do not find any reason to interfere the well reasoned order. Hence, Writ Petition stands rejected.

(K.K.TATED, J.) Sneha Chavan 2/2