Mr. Mohan Namdev Salgaokar And 187 ORS., v. Shree Devi Sharvani Vetal Maharudra Panchayatan Sansthan,Thr.Mr.Ramchandra S.P.Salgaonkar And2 ORS.

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 117 OF 2017 IN WRIT PETITION NO. 522 OF 2016 MR. MOHAN NAMDEV SALGAOKAR AND 187 ORS., ... Applicants

Versus

SHREE DEVI SHARVANI VETAL MAHARUDRA PANCHAYATAN SANSTHAN,THR.MR.RAMCHANDRA S.P.SALGAONKAR AND2 ORS., ... Respondents Mr. Abhay Khandeparkar, Advocate with Mr. Rohan P. Desai, Advocate for the Applicants.

Ms. A. Kamat, Advocate for Respondent no. 1.

Mr. Sagar S. Dhargalkar, Additional Government Advocate for Respondents no. 2 and 3.

Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 7th February, 2017 P.C.:

Heard Shri Abhay Khandeparkar, learned Counsel appearing for the Applicant.

2. This is an application for carrying out amendment in the Petition.

3. Shri S. Dhargalkar, learned Counsel appearing for the Respondent seriously opposes the leave to amend the Petition as, according to him, the cause of action itself would change and the

MCA/117/2017 reliefs which are sought cannot be obtained in a Petition under Article 226 of the Constitution of India.

4. Upon hearing the learned Counsel, the fact that the issues sought to be raised are referable to the original dispute in the Petition cannot be disputed. But, however, the objection of the Respondents on the maintainability of such averments in the Writ Petition and whether the cause of action changes or not are left open which can be considered at the time of the final hearing of the Petition. Subject to above, leave to carry out amendment granted. Amendment to be carried out within one week, with copy thereof to the Respondents. Respondents are at liberty to file additional reply within two weeks thereafter.

5. By consent, place the matter for final hearing on 15.03.2017. NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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