WALCHANDNAGAR INDUSTRIES LIMITED Vs. INDRAPRASTHA DEVELOPERS

JUDGEMENT

(1.) WRIT Petition No.2 of 2013 filed by the original defendant No.1 takes exception to the order dated 28 -11 -2012 passed by the learned Civil Judge, Senior Division, Pune, allowing Exhibit 68 - the application for amendment under Order VI, Rule 17 of the Civil Procedure Code filed by the plaintiffs in Special Civil Suit No.590 of 2011, after conclusion of the cross -examination of one witness, viz. Mahendra Maniklal Shah, examined by the plaintiffs.

(2.) IT was a suit for declaration that there is a concluded conditional contract between the plaintiffs and the defendant No.1 for transfer of right, title and interest in the suit property in favour of the defendant No.2 and for permanent injunction restraining the defendant No.1 from dealing with the suit property in any manner prejudicial to the interest of the plaintiffs. By way of amendment, which has been allowed by the Trial Court, a relief of specific performance of contract and for possession of the suit property, has been asked for.

(3.) INITIALLY , the matter was listed before this Court on 6 -2 -2013, and an order of status quo was passed. The learned counsels have put their appearance for the respondents. On 24 -7 -2013, the matter was taken up for final disposal. Shri S.G. Aney, the learned Senior Counsel, appeared for the petitioners; whereas Shri G.S. Godbole, the learned counsel, appeared for the respondent Nos.1 and 2, the original plaintiffs. The respondent Nos.3 and 4 supported the case of the respondent Nos.1 and 2/plaintiffs.