Roy Thomas Furtado Thr. Poa Smt. Joanna Thomas Furtado v. Francis Anton Dalmet @ Almeida Poa Tahira Prem Gonsalves And ANR

(corrected)-WP-9047-21.doc.

Corrected as per speaking to minutes of order dated 13th January, 2022.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9047 OF 2021 Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.01.18 10:49:59 +0530 BALAJI GOVINDRAO PANCHAL Roy Thomas Furtado ..Petitioner

Versus

Francis Anton Dalmet alias Almeida and Anr. ..Respondents Mr. Kishor Patil i/by JRA Law Associates, for the Petitioner. Mr. Rahul Rao a/w Revati Rajput i/by Rajput Vaidya & Associates, for Respondent No.1.

CORAM : NITIN W. SAMBRE, J.

DATE : 10th JANUARY, 2022 P.C.

1.

In a suit for declaration, vide impugned order Trial Court has granted amendment which is impugned in the petition. 2.

I have perused the pleadings, nature of claim in the plaint so also the amendment granted.

3.

Since trial in the suit is yet to commence and the nature of pleadings sought to be incorporated by way of amendment cannot be inferred to be introducing new case rather same is for strengthening the original pleadings, it cannot be inferred that the nature of claim in the suit is substantially changed. 4.

That being so, no case for interference is made out. 5.

As such, petition stands rejected.

[NITIN W. SAMBRE, J.] BGP.