This writ petition challenged an order allowing amendment to a plaint in a partition suit. The High Court held the lower court's order was well-reasoned and allowed the amendment, dismissing the petition.
Writ petition dismissed. No amendment to the writ petition order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.744 OF 2022
SURYAKANT BHAGWAN BACHATE AND OTHERS
VERSUS
ANKITA AMOL BACHATE U/G OF NATURAL MOTHERS SMT
SARIKAAMOL BACHATE ND ANOTHER
Advocate for Petitioners : Mr. V. D. Gunale
CORAM : NITIN B. SURYAWANSHI, J.
DATE : 3rd February, 2022
PER COURT :
. The petitioners are aggrieved by the order passed belowExhibit-28 in Regular Civil Suit No.31/2018 by the learned 6th Joint
Civil Judge, Junior Division, Latur, thereby allowing the amendment
application filed by the plaintiffs.
2. It is contended by the petitioners that, the amendment takes
away the admissions given by the plaintiffs in the plaint. The suit is
filed for partition and separate possession of the joint family
properties, in which, after framing of issues, the amendment
application was filed. The trial court, after considering the rival
submissions, has come to a conclusion that, the property dispute
arises from matrimonial relations and plaintiff No.2 is illiterate lady
2 908-WP-744-2022.odt
and she was unable to get knowledge about the suit properties. A
finding is also recorded that, the proposed amendment is necessary to
decide real controversy between the parties and the amendment does
not change the nature of suit and there would not be any prejudice
caused to the defendants if the amendment is allowed.
3.It is a settled legal position that, amendments are to be liberally
allowed. The trial court, in the facts of the case, has passed a well
reasoned order and has rightly allowed the amendment. No illegality
or perversity is found in the impugned order. Writ Petition being
devoid of merits is dismissed.
(NITIN B. SURYAWANSHI, J.)
Sameer
2 issues framed by the court
Whether the trial court committed any illegality or perversity in allowing the amendment application filed by plaintiffs.
Whether the proposed amendment changes the nature of the suit or causes prejudice to the defendants.
Suryakant Bhagwan Bachate
Others
Ankita Amol Bachate
Sarikanmol Bachate
Another
Nitin B. Suryawanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court