Jitendra Gorakh Megh v. Gorakh Govind Megh And ANR

JOHNSON GONSALVES Date: 2022.12.02 11:04:55 +0530 SMITA JOHNSON GONSALVES sg 51.ia1722-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1722 OF 2022 IN SUIT NO.1215 OF 2019 WITH INTERIM APPLICATION NO.3315 OF 2021 IN SUIT NO.1215 OF 2019 Jitendra Gorakh Megh ....Applicant/Plaintiff vs.

Gorakh Govind Megh And Anr.

...Defendants ....

Mr. Jitendra Gorakh Megh, Party in person-Plaintiff. Mr. S.R. Page, for the Defendants.

....

CORAM : BHARATI DANGRE, J.

DATE : 29 NOVEMBER 2022 P.C. :

Interim Application No.1722 of 2022 is taken out by the Plaintiff claiming amendment in the plaint in terms of the Schedule of Amendment appended to the application.

2.

I have heard Mr. Jitendra Gorakh Megh, the Plaintiff - appearing in-person and learned Counsel representing Defendant Nos. 1 and 2. When the Schedule of Amendment is perused, it can be seen that the intention of the Plaintiff was to insert certain more properties in 1 / 2

sg 51.ia1722-22.doc the Schedule and it is specifically pleaded that after the suit was filed, it has come to the knowledge of the Plaintiff about the properties being inherited by the Plaintiff's grandfather and he wants these properties to be put in hotch-potch, for being partitioned. The amendment, in short, seeks inclusion of certain more properties in the suit. On hearing the Plaintiff-in-person and the Counsel for the Defendants, I deem it necessary to allow the amendment, since the properties, which are alleged to have been inserted by the proposed amendment, would ultimately be dealt in the partition suit, if at all the properties belonging to the parties.

The amendment is allowed in terms of the Schedule of Amendment.

3.

Interim Application No.1722 of 2022 is allowed in terms of prayer clause (a).

The necessary amendment shall be carried out in the plaint within a period of four weeks from today. The copy of the amended plaint shall be served upon learned Counsel for the Defendants. Needless to state that pursuant to the amendment being carried out, the Defendants are at liberty to file additional written statement.

4.

List the suit along with Interim Application No.3315 of 2021 on 3rd January 2023.

(SMT. BHARATI DANGRE, J.) 2 / 2