Advocates:
['SAWAN ALASPURKAR', 'MOHAN SUDAME', 'FOR/R-1 & 3', 'A M SUDAME', 'ADV FOR R NO 1', '3', 'AKSHAYA SUDAME', 'FOR/R-1 & 2']

949-WP-6042-17

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.6042 OF 2017

Puranlal Revachand Hablani

… Petitioner

-vs-

Kalpana Mohanlal Pahlajani

and ors.

… Respondent.

Shri S. S. Alaspurkar, Advocate for petitioner.

Shri A. M. Sudame, Advocate for respondent Nos.1 and 2.

CORAM : A.S.CHANDURKAR, J.

DATE : April 05, 2019

P.C.

The defendant No.1 has challenged the order passed below Exhibit-

159 allowing the application for amendment that was moved by the

plaintiffs.

It is the case of the petitioner herein that initially in the year 2011

the plaintiffs had filed suit seeking declaration that the plaintiffs had half

share in the suit property based on a Will dated 27/11/2008. Possession

of the suit property was however not sought in that plaint. The plaint

was sought to be amended by filing an application below Exhibit-65

which was partly allowed. In the meanwhile the defendant had moved

an application under provisions of Order VII Rule 11 of the Code of Civil

Procedure, 1908 (for short, the Code) and the plaint came to be rejected.

However, in First Appeal No.50/2014