Advocates:
['THIGALE GIRISH K NAIK', 'NATU SHARAD V', '', 'R/ TO SERVED']

1

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.6441 of 2014

(Kaushalyabai w/o Narayan Jadhav and others Vs. Sakharam s/o

Karbhari Khune and others)

Mr.G.K.Thigale (Naik), Advocate for the petitioners.

Mr.S.V.Natu, Advocate for respondent Nos.1 to 3.

( CORAM : Ravindra V.Ghuge, J.)

DATE : 03/08/2017

PER COURT :

1.

The petitioners are aggrieved partly by the order dated

21/02/2014 passed by the Trial Court, by which his application

Exh.106 seeking an amendment, was partly allowed.

2.

This matter was heard at length on 02/08/2017.

3.

Issue is as regards the petitioners/plaintiffs’ claim that their

step brother was dis-entitled to any share in the ancestral property

and the said aspect was not pleaded in the plaint and was sought to

be introduced by way of an amendment when the suit was about 10

years old.

4.

The contention of the said step brother who is defendant No.1

khs/AUGUST 2017/6441-d

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is that specific admissions were given in the plaint admitting that

there should be 4 shares in the ancestral property and 3 shares

would go to the 3 real sisters who are original plaintiffs and 1 share

would go to d