JAIWANTI D GHADI Vs. MANOHAR B GHADI

JUDGEMENT

(1.) HEARD Shri A. D. Bhobe, learned Counsel appearing for the petitioners and Shri Melwin Viegas, and learned Counsel appearing for the respondent nos. 1 to 9.

(2.) RULE. Heard forthwith by consent of the learned Counsels.

(3.) THE respondents filed a suit stating inter-alia that according to the respondents there is an access provided through the suit property to go to the burial ground & seeking different reliefs. In the written statement filed by the petitioners it is their case inter-alia that the respondents themselves had carried out some activities and as such the width of the alleged access had reduced. THE petitioners also filed an additional written statement in view of the amendment carried out by the respondents to the plaint & on perusal of the additional written statement specifically at paragraphs 8, 10 and 11 the petitioners have denied the existence of such access. THEreafter, the petitioners filed an application for amendment of the written statement inter-alia clarifying the fact that according to the petitioners the portion of the property claimed by the respondents as having an access is in their possession and further deleted some of the sentences in the earlier written statement. THE respondents disputed the claim put forward by the petitioners and pointed out that by the proposed amendment, the petitioners are raising the fact about the claim of access which was not pleaded in the earlier written statement and further that the petitioners are also disputing the existence of the access which according to the respondents otherwise was not disputed in the earlier written statement. THE learned Civil Judge Junior Division, Pernem, by the impugned order dated 12.01.2012 dismissed the application filed by the petitioners for amendment of the written statement. While disposing of the said application, the learned Judge came to the conclusion that, on the basis of the judgments referred to therein, by the proposed amendment the petitioners wanted to nullify/withdraw specific admissions in the earlier written statement. Being aggrieved by the said order, the petitioners have preferred the above petition.