Dinkar Joma Berad/ Naik v. Mrs. Hausabai Shivappa Jangali And ORS.

(51)-WP-7704-17.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.03.24 17:40:36 +0530 BALAJI GOVINDRAO PANCHAL WRIT PETITION NO.7704 OF 2017 Dinkar Joma Berad/Naik ..Petitioner

Versus

Mrs. Hausabai Shivappa Jangali and Ors.

..Respondents Mr. Santosh S. Musale @ Rohitkumar Yadav, for the Petitioner. Mr. Vijay Kokitkar, for Respondent Nos.6 to 11. Ms. V. S. Nimbalkar, AGP for the Respondent No.15. CORAM : NITIN W. SAMBRE, J.

DATE : 21st MARCH, 2022 P.C.

1.

Heard.

2.

Amendment to the extent of what has been mentioned in paragraph No.2 of Exh.481/D and paragraph 4 can be allowed, as same would not change the nature of the suit claim. 3.

That being so, the order impugned passed below Exh.81 stands modified.

4.

Application Exh.481/D stands allowed to the extent of what has been prayed in paragraph Nos. 2 and 4 of the said application.

BGP.

(51)-WP-7704-17.doc.

5.

Rest of the claim as rightly held to be not grantable, as same changes nature of the suit claim.

6.

The petition as such stands partly allowed.

[NITIN W. SAMBRE, J.] BGP.