DATTARAM V DHARWADKAR Vs. GHANASHYAM G BHENDE

JUDGEMENT

(1.) RULE returnable forthwith. Respondents waive service. Heard finally with the consent of parties. This revision petition is directed against the order dated 13th March, 2002 passed by the Civil Judge, Junior Division, Pernem, in Civil Miscellaneous Application No. 11 of 2002 in Regular Civil Suit No. 49 of 2000; whereby the trial Court allowed amendment to the plaint subject to costs. FACTS-IN-BRIEF: the facts in nutshell are as under:-

(2.) THE respondents/original plaintiffs filed a suit for declaration and permanent injunction seeking declaration that the gift deed dated 7-11-1983 by which the defendant No. 1 had gifted the suit property in favour of the defendant No. 2 be declared null and void and also sought permanent injunction restraining the defendants from interfering with the suit property.

(3.) ON being summoned, the defendants appeared and filed their written statement. The issues relevant to the pleadings were struck. The parties to the suit were asked to lead their rival evidence. The suit went for final hearing. While the matter was being heard finally an application for amendment to the plaint came to be filed claiming additional relief seeking restoration of possession of suit property.