Shaikh Ayyub Shaikh Hussain Through His General Power Of Attorney Yakub Ayyub Shaikh v. Rafiya Bee Shaikh Ayyub And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 WRIT PETITION NO.12141 OF 2022 SHAIKH AYYUB SHAIKH HUSSAIN THROUGH HIS GENERAL POWEROF ATTORNEY YAKUB AYYUB SHAIKH

VERSUS

RAFIYA BEE SHAIKH AYYUB AND OTHERS ...

Advocate for Petitioner : Mr. Kishor D. Khade ...

CORAM : SANDEEP V. MARNE, J.

DATE : 05-12-2022 PER COURT :

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Petitioner has challenged the order dated 14.09.2022 passed by the Civil Judge Junior Division, Sillod allowing plaintiffs' (respondents herein) application for amendment of the plaint. The unamended suit is for partition of the suit property. The trial of the suit was not commenced when the amendment application was filed. The plaintiff has sought to amend the plaint by including well also in the suit property seeking its partition. The amendment does not change the nature of the suit. The writ petition is devoid of merits and the same is dismissed without any orders as to costs. ( SANDEEP V. MARNE, J. ) GGP