BHARAT P. DESHPANDE
Rajaninath Shrikant – Appellant
Versus
Shree Kamakshi Saunsthan – Respondent
JUDGMENT :
Bharat P. Deshpande, J.
Rule. Rule is made returnable forthwith.
2. Heard learned Counsel for the respective parties for final disposal at the stage of admission with consent.
3. Petitioners/plaintiffs prefer present petition thereby challenging the impugned order passed below Exh.73 dated 24.1.2023. By the said order, learned trial Court rejected the application filed for amendment of plaint.
4. Mr. Desai, learned counsel for the petitioners would submit that amendment application was filed by the plaintiffs to add prayer of mandatory injunction however, the same has been rejected on the ground that such amendment is time barred.
5. Plaintiffs filed a suit for permanent and temporary injunction claiming that there exists a property bearing survey no.526/1 in Shiroda wherein there are houses belonging to different persons including mother and mother in law of plaintiffs. After the death of Smt. Nanu Pandharinath Shirodkar, inventory proceedings were conducted. Plaintiff no.1 is adopted son of Pandharinath Venkatesh Shirodkar and Smt. Nanu Pandharinath Shirodkar and accordingly suit properties were allotted to the plaintiffs. It is further their case that somewhere in 1.1.2015,
Bharat Bhushan Gupta v. Pratap Narain Verma (2022) 8 SCC 333
The limitation for seeking a mandatory injunction begins from the date of actual encroachment, not from the completion of construction.
Amendments to pleadings should be allowed to determine the real controversy between parties, emphasizing a liberal approach to avoid multiplicity of litigation.
The principle that amendments to pleadings should be allowed to ensure justice and to determine the real questions in controversy, provided they do not cause injustice or prejudice to the other party....
The judgment focused on the lack of prima facie evidence of encroachment and the absence of obligation owed to the plaintiff by the defendant in a property dispute.
Court affirmed that amendments can be allowed liberally, considering ongoing developments in a case and applicable exclusions from limitation due to exceptional circumstances.
Amendments to pleadings post-trial commencement are not permissible unless due diligence is shown, ensuring they do not alter the fundamental character of the case.
In suits governed by Article 65 of the Limitation Act, 1963, the burden is on the defendant to prove adverse possession, and the plaintiff needs to establish title and possession. The legal position ....
The main legal point established in the judgment is the substantial compliance with procedural requirements, the breach of setback rules/bye-laws, the right of a neighbor to seek demolition, and the ....
Amendments to pleadings under the Code of Civil Procedure are permissible if they do not prejudice the opposing party's rights, and courts should allow necessary modifications to ensure justice.
A suit for mandatory injunction can be maintainable without a recovery of possession claim; limitation starts when the plaintiff recognizes non-compliance.
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