DNYANDEO Vs. NIVRUTI GOVIND KOLEKAR

JUDGEMENT

(1.) Heard.

(2.) The petitioners by way of this Petition under Articles 226 and 227 of the Constitution of India are impugning the order passed by the learned Joint Civil Judge, Senior Division, Newasa, District Ahmednagar in Regular Civil Suit No.330/2006 on the application of the respondent-plaintiff allowing him to carry out amendment in the plaint. The petitioners are the defendant nos.3 and 4 in the suit.

(3.) The learned advocate for the petitioners Mr. Bhandari vehemently submits that the application for amendment of the plaint was filed belatedly. The evidence of the respondent no.1 was already over. Affidavits in lieu of examination in chief of the petitioners' witnesses were also filed. At that stage, the application seeking amendment was filed. The learned Judge ought to have taken into consideration this aspect which he has overlooked. There was no due diligence. Though the document now sought to be challenged by way of amendment is dated 15/9/2016, the application was filed on 16/8/2017. Production of such document and amendment to the pleadings is likely to protract the litigation. It is a suit for partition filed by the father. The petitioners have purchased the property from the defendant's son. By executing the relinquishment deed, sought to be challenged, the original plaintiff who is since dead relinquished his right in the suit properties. He therefore submits that the impugned order being perverse, arbitrary and capricious, the petitioners are filing this Petition.