The High Court of Bombay allowed an interim application seeking amendment to delete an immovable property from the plaint, permitting the filing of an amended pleadings by a specified deadline.
The applicant is permitted to amend the plaint in terms of the proposed amendments set out in Schedule A of the present Interim Application.
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Digitally signed by JYOTI JYOTI PRAKASH PRAKASH PAWAR PAWAR Date: 2026.01.13 21:00:14 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 7076 OF 2025 IN SUIT NO. 224 OF 1961
Damayanti Madhusudanlal Pittie … Applicant/Plaintiff
V/s.
Maheshchandraji Agrawal & Ors. … Respondent/Defendant
Mr. Harsh Meghani a/w. Ms. Tavleen Saini i/b. Crawford Bayley & Co. for Applicant.
Mr. Jehangir Jejebhoy, Mr. Abhay Jadeja a/w. Mr. Arun Unnikrishnan and Ms. Urvi Guleccha i/b. Jadeja & Satiya for Defendant.
Mr. Swayam Chopada, Officer on special duty of Court Receiver.
CORAM : FARHAN P. DUBASH, J. Date : 12th January 2026
P. C. :
Application seeks to delete the immovable property that is mentioned at item
No. 1 of Exhibit A annexed to the plaint being property at Tardeo Road,
Bombay, bearing C.S. No. 728.
all the Defendants (except Defendant No. 7) has no objection if the reliefs as
sought in the present Interim Application be allowed.
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Order dated 12Page 1 of 2th January 2026
allowed and the following order is passed:
(i) The Applicant is permitted to amend the
plaint in terms of the proposed amendments set out in Schedule A of the present Interim Application. Reverification is dispensed with.
(ii) This amendment shall be carried out on
or before 19th January 2026 and a copy of the amended plaint shall thereafter be served on all the parties on or before 27th January 2026 and an Affidavit-of-Service to that effect shall also be filed on or before the said date.
(iii) Accordingly, the present Interim
Application is disposed of. There shall be no order as to costs.
Mandar M.
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Order dated 12Page 2 of 2th January 2026
1 issue framed by the court
Whether the interim application seeking to delete an immovable property from the plaint should be allowed.
Damayanti Madhusudanlal Pittie
Maheshchandraji Agrawal
FARHAN P. DUBASH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
