Boman Adi Bharucha And ANR v. Prem Kaliandas Daryanani And ORS

14-WP-14890-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14890 OF 2024 by SATISH RAMCHANDRA SANGAR Date:

2024.12.10 19:58:04 +0530 SATISH RAMCHANDRA SANGAR Boman Adi Bharucha and Anr.

...Petitioners

V/s.

Prem Kaliandas Daryanani and Ors.

...Respondents

***** Mr.Prasad Dani - Senior Advocate a/w Mr.Abhay Dhadiwal, Mr.Milind Joshi and Mr.Rohit Jain i/b. Jaykar and Partners:- Advocates for Petitioners.

Mr.Amit Shroff a/w Mr.Vijay Mulchandani, Mr.Rajendra Daundkar, Ms.Sanskruti Yagnik:- Advocates for Respondent No.1.

***** CORAM :

S. M. MODAK, J.

DATE :

28th NOVEMBER 2024 P. C. :- 1.

Heard learned Senior Advocate Shri.Dani for the Petitioners and learned Advocate Shri.Shroff for the Respondents. 2.

This Writ Petition is against the order of dismissal of amendment Application in the plaint. This was filed on the basis of the documents submitted along with an Application under the provisions of Order VII, Rule 11 of the Code of Civil Procedure, 908 ("CPC"). Satish Sangar 1/2

14-WP-14890-2024.doc 3.

The Plaintiffs contend that two documents which they have annexed to the plaint on one hand and two documents annexed to the Application under Order VII, Rule 11 of CPC are different. That is why, the amendment Application is filed.

4.

Along with the Affidavit-in-Reply, two documents are filed on Page Nos.184 and 193. The two documents which are annexed to the plaint is not part of the Annexures of the Writ Petition. Learned Senior Advocate Shri.Dani assures to file them on the next date. 5.

There was also a suit which was dismissed. Let, the Petitioners to file list of dates on the next date. 6.

In view of that, stand over to 18th December 2024. 7.

If, the parties want to rely upon any judgment, they can exchange amongst themselves.

[S. M. MODAK, J.] Satish Sangar 2/2