JANAKI DYANOBA GAIKWAD Vs. SOU. GEETA SANJEEV KHILARE

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India the petitioners are challenging part of the order dated 14 th January 2019 (Below Exh.226) passed by the learned Civil Judge Junior Division, Mohol, District-Solapur in Regular Civil Suit No.9 of 2000.

(2.) The petitioners are original defendant Nos.3,4 and 5 in RCS No.9 of 2000 which is filed by the respondent Nos.1 and 2 (Original Plaintiffs). That is a suit filed for partition and separate possession of the suit properties, which are more specifically described in paragraph 1 of the plaint. Indisputably, the trial has commenced in the said suit in which the plaintiffs have closed their evidence. It is at this stage that the petitioners filed application (Exhibit 226) under Order VI Rule 17 of the Civil Procedure Code for amendment of their written statement. The amendment sought is set out in paragraph 2 to 4 of the said application. It may be mentioned that the amendment is sought in paragraph 6 and 9 of the written statement, which was filed in the year 2015. Insofar as the amendment in paragraph 9 of the written statement is concerned, the same has been allowed, as the Trial Court has found that the original pleadings about the plaintiff No.1 being married with the son of her matrimonial aunt were made out of inadvertence. Thus, the application Exhibit-226 has been partly allowed to the extent of the proposed amendment in paragraph 9 of the written statement. The learned Trial Court has refused to permit the amendment in paragraph No.6 of the written statement. Feeling aggrieved the petitioners have approached this Court.

(3.) I have heard the learned counsel for the petitioners and the learned counsel for the respondent Nos.1 and 2. Perused record.