KRASHNABAI PARASHRAM VAIDYA Vs. SHAIKH YUSUF HASAN KHATIK

JUDGEMENT

(1.) This civil revision application has been filed challenging the order dated 2nd August, 2001 rejecting the petitioners ' application filed under O. 6 R. 17 of C.P.C. for amendment to written statement and also the order dated 19th January, 2001 below Exh.134 passed in Special Civil Suit No.123/1990 by the C.J.S.D.Nandurbar.

(2.) The background facts leading to filing of this civil revision application are, as under: One Hasan the predecessor of the Respondents No.1 to 8 herein filed Special Civil Suit No.123 of 1990 in the Court of C.J.S.D., Nandurbar against the petitioners and others alleging that the land Block No.46 admeasuring 2.76 R was owned by one Deoram Laxman Vaidya, who died during the pendency of the suit. It was alleged that Deoram agreed to sell this land to Hasan on 28.12.1989 and executed agreement of sale. It was alleged that he committed breach of agreement. It was further alleged that the suit land has been sold to the petitioner no.6 Sumanbai. The relief of specific performance of contract or in the alternative, damages were claimed. Deceased Deoram by his written statement contested the suit. He denied the transaction with Hasan etc.

(3.) It is the case of the petitioners herein that during pendency of the suit , Yashodabai original defendant No.1B died leaving heirs. The said Yashodabai had already filed R.C.S. No. 6/1990 against Hasan alleging that she was in possession of the land and claiming injunction. Yashodbai was widow of Narayan Laxman the real brother of the original defendant Deoram Laxman.