KARBHARI DAGU JADHAV Vs. M/S. SINDHUDURG ESTATES
LAWS(BOM)-2021-10-180
HIGH COURT OF BOMBAY
Decided on October 25,2021

Karbhari Dagu Jadhav Appellant
VERSUS
M/S. Sindhudurg Estates Respondents

JUDGEMENT

C.V.BHADANG,J. - (1.)By this Petition, the Petitioners are challenging the order dated 7 December 2020 below Exhibit 234 passed by the learned Civil Judge, Senior Division at Kalyan in Special Civil Suit No.171/2002. By the impugned order, Application (Exh.234) filed by the Petitioners / Plaintiffs for amendment of plaint has been rejected.
(2.)Petitioner No.2 Dr. Shankar Chintaman Sarangdhar (since deceased) had filed the aforesaid suit for declaration that the Power of Attorney dated 6 March 1998 and the Development Agreement dated 28 October 1999 executed by the Plaintiff in favour of the Respondents - Defendants stands cancelled and for injunction restraining the Respondents or anybody on their behalf from interfering with the possession of the Plaintiff's over the suit property. The Petitioner No.1 Karbhari Dagu Jadhav was subsequently impleaded as Plaintiff No.2.
(3.)The suit was resisted by the Respondents and after conclusion of the evidence of the parties, was fixed for final arguments. It is at this stage that the Application (Exh.234) came to be filed for amendment of plaint by addition of paragraphs 15(A) to 15(D) and prayer clause (a-1) and (b-1). By virtue of prayer clause (a-1), the Petitioners now seek a declaration that the Development Agreement and the Power of Attorney are null and void and not binding on the Plaintiffs and by prayer clause (b-1), alternate prayer is made for possession in the event the Court comes to the conclusion that the Respondents - Defendants are in possession, of the suit property or any part thereof.


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