Lvo Peter Almeida v. Loretta Ashton and Ors.
Case brief
What is this about?
Bombay HC Civil Appellate Jurisdiction writ petitions (WP 5616/2024, WP 5617/2024, WP (ST) 1540/2024, WP 1267/2024) disposed 05.07.2024 by Milind N. Jadhav, J.; impugned Trial Court order 22.12.2023 allowing O. VI R. 17 CPC pleading amendments in 2019 suit for partition and possession challenging 1968 and 1981 transactions/documents; amendment confined to subsequent events; original plaint pleadings and prayers intact; Defendants' O. VII R. 11 CPC application right on original unamended plaint expressly kept open and cannot be foreclosed; Plaintiffs to amend within two weeks on server copy; contentions of all parties kept open; counsel: Jahagirdar (Senior Advocate), Deepali Deherkar, Saurabh S. Oka, Vishal Kanade, Janhavi Joshi, J.M. Joshi, Chaitrali Deshmukh, Rohit Sakhadeo.
What did the court decide?
All Writ Petitions disposed while sustaining the Trial Court order dated 22.12.2023 allowing the Order VI Rule 17 CPC amendments; Plaintiffs permitted to carry out the amendment within two weeks on producing a server copy of the order; Defendants' right to file an Application under Order VII Rule 11 CPC on the basis of the original unamended plaint expressly kept open; contentions of all parties expressly kept open.