MALAN GANPAT GURAV Vs. ANNAPURNA ARUN SAMBREKAR

JUDGEMENT

(1.) Aggrieved by the order dated 09.09.2015, passed by the II Addl. District Judge, Belagavi, whereby the learned Judge has rejected the petitioner's application under Order VI Rule 17 CPC, for amending the plaint, the petitioner has approached this Court.

(2.) Briefly the facts of the case are that on 29.03.2004, the petitioner had instituted a civil suit for declaration and injunction against the respondent. In the civil suit, the petitioner has prayed that the sale deed dated 29.01.2002, entered between Smt. Surekha Vasant Sambrekar and defendant No.2, should be declared as void ab initio. Consequently, the petitioner had also sought the relief of injunction.

(3.) The defendants had submitted their written statements; while defendant No.1 denied the averments made in the plaint, the defendant Nos. 2 to 5 supported the case of the plaintiff. However, by the judgment and decree date 03.04.2008, the learned trial Court dismissed the civil suit.