Ashok Ratan Gaikwad And Others v. Laxmibai Prayagbai Shankarrao Pradhan And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 56 OF 2016 Ashok Ratan Gaikwad and others .. Petitioners

Versus

Laxmibai Prayagbai Shankarrao Pradhan and others .. Respondents Shri Parag V. Barde, Advocate for Petitioners. Shri S. R. Deshpande, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA , J.

DATE : 21ST APRIL, 2017.

PER COURT :

.

The application filed by the plaintiff for amendment in plaint is allowed. Aggrieved thereby the defendants have filed present writ petition.

2.

Mr. Barde, the learned counsel for petitioners submits that, suit is filed for partition and separate possession in the year 2012. After lapse of three years the plaintiff filed an application seeking addition of some of the properties and also parties. Because of the addition of the properties, the jurisdiction of the Trial Court would be lost, as such the amendment cannot be allowed. According to the learned counsel even the issue in respect of limitation is not considered. One of the party sought to

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3.

In a suit for partition and separate possession, the plaintiff has to include all the properties and add all the parties. The plaintiff by way of an amendment has added properties and the parties. The defendants/petitioners have nowhere stated as to how the pecuniary jurisdiction of the Court would be lost. The valuation has not been given by the defendants of the properties sought to be added to hold that by way of addition of the properties the suit would go beyond the pecuniary jurisdiction of the Court.

4.

The defendants will have every right to raise the defences with regard to addition of the parties and the properties. The right to file amended/additional written statement would always be there with the defendant so as to to raise all the grounds of defences.

5.

As the suit is for partition and separate possession and it is necessary to include all the properties and all the parties order passed allowing amendment needs no interference. The writ petition accordingly is disposed of. No costs. [S. V. GANGAPURWALA, J.] bsb/April 17