Mahesh Bhalchandra Joshi And ANR v. Pradnya Pramod Latakar @ Shubhda Bhalchandra Joshi

912-wp452-2020.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.452 OF 2020 Mahesh Bhalchandra Joshi & Anr.

... Petitioners V/s.

Pradnya Pramod Latkar Alias Shubhada Bhalchandra Joshi ... Respondent Digitally signed by ATUL GANESH KULKARNI Date:

2023.08.23 17:58:38 +0530 ATUL GANESH KULKARNI Mr. Vaibhav Gaikwad for the petitioners.

Mr. Abhishek Patil for respondent No.1.

CORAM :AMIT BORKAR, J.

DATED :AUGUST 23, 2023 P.C.:

1.

The challenge in this writ petition is to the order of allowing amendment application filed by the plaintiff in a suit for partition. 2.

According to the learned advocate for the petitioners, the proposed amendment changes nature of the suit and also inconsistent stand is taken as compared to the stand taken in earlier suit.

3.

On perusal of the proposed amendment, in my opinion, the amendment neither changes nature of the suit nor it is inconsistent with the plea taken earlier. However, the petitioners shall be at liberty to raise all such contentions at the time of final hearing of the suit, if advised.

912-wp452-2020.doc 4.

The writ petition, therefore, stands dismissed. No costs. (AMIT BORKAR, J.)