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BOMBAY HIGH COURT
SHARMILA U. DESHMUKH, J
BHAGWAN KASHINATH MULE AND OTHERS – Appellant
Versus
SHRIDHAR MURLIDHAR YEVLE – Respondent
| Table of Content |
|---|
| 1. petition challenges amendment application regarding joint family property. (Para 1 , 2 , 3) |
| 2. petitioners argue amendments change the stance of the plaintiff. (Para 4) |
| 3. court examines necessity of amendments for factual context. (Para 5 , 6) |
| 4. permitted amendments do not alter the nature of the suit. (Para 7) |
| 5. final ruling affirms dismissal of the writ petition. (Para 8) |
FINAL ORDER:-
1. Petition takes exception to the order dated 15.11.2022 passed below Exhibit-71 in RCS No.233/2011 allowing the amend- ment application partly. Petitioners herein are the original Defen- dant No 1, 2 and 3 and the Respondent is the original Plaintiff. For sake of convenience the parties are referred by their original status.
2. RCS No.233/2011 was instituted by the Plaintiff seeking declaration that sale deed dated 10.04.2007 executed by Defen- dant No 1 in favour of Defendant No 2 and 3 is not binding on the Plaintiff and for order of perpetual injunction. The Plaintiff and Defendant No 1 are brothers and it is the case of the Plaintiff that the suit property forming the subject matter was a joint family property and was in possession of the joint family. It is the case of the Pla
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