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2019 Supreme(Bom) 2132

T.V.NALAWADE
Jitendra Ayush Jain (h. u. f. ) – Appellant
Versus
Laxman Bhagaji Najan – Respondent


Advocates Appeared:
A.D. Kasliwal, Adv., D.S. Bharuka, Adv.

JUDGMENT

T. V. Nalawade, J. -Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

    2. The proceeding is filed to challenge the order made by the learned Joint Civil Judge Senior Division, Aurangabad below Exhibit 36 in Special Civil Suit No.32 of 2012. The suit is filed for the relief of specific performance of contract of sale of immovable property, agricultural land, which is owned by the present Respondent. The Respondent, Defendant has filed written statement and the evidence of the Plaintiff was closed on the date when the application for amendment was filed. Only during cross-examination of the Defendant, the Plaintiff realized that amendment of the pleading needs to be made and so he filed application for amendment of the pleading. The Plaintiff wants to show that the property of the Defendant is situated at Georai, Tahsil and District Aurangabad and not at Chitegaon, Tahsil Paithan, District Aurangabad. The Plaintiff wants to prove that the Defendant is owner of Gat No.57 situated at Georai and the description of the property given in the agreement of sale tallies with the property of the Defendant situated at Chitegaon. The Plaintiff wan

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