Usha Pati Ashok Tekmoge And ORS v. Devraj Pita Anil Chavan

12 Wp-14744-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 14744 OF 2024 Usha Pati Ashok Tekmoge And Ors.

...Petitioners

vs.

Devraj Pita Anil Chavan

...Respondent

***** Mr. Anand S. Kulkarni Advocate for the Petitioners ***** CORAM :

S. M. MODAK, J.

DATE :

18th NOVEMBER 2024 P. C. :- 1.

Heard learned Advocate for the Petitioners-Defendants. 2.

The correctness of the Order passed by Joint Civil Judge Senior Division, Solapur on 18.01.2024 is challenged. 3.

The amendment in the plaint is allowed. The main contention is by way of amendment the Plaintiffs want to bring on record totally different case from what is pleaded in the plaint. In the plaint, Plaintiffs have pleaded about particular plot of land. There was oral agreement for sale in respect of that plot of land. It is Plaintiffs' case. It is denied Seema 1/2

12 Wp-14744-2024.doc by the Defendants. By way of amendment, the Plaintiffs want to plead in fact the agreement of sale pertains to different plot of land. Now the suit is fixed for filing additional evidence by the Plaintiffs. 4.

Issue notice before admissions to the Respondents returnable on th December 2024 .

5.

The Petitioners are at liberty to request the trial Court for adjourning the suit. The trial Court to consider it positively. 6.

Matter be kept on 18th December 2024.

[S. M. MODAK, J.] Seema 2/2 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 22/11/2024 11:09:35