LAXMI MUKUND BHOIR Vs. DINESH SHAMJI SHAH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India challenges order dtd. 15/6/2016, permitting the plaintiff to amend plaint.

(2.) The petitioners are owner of the structure which is subject matter of the suit. The respondent No.2-Municipal Corporation issued notice under Sec. 351 of the Mumbai Municipal Corporation Act, 1888 to the plaintiff. The plaintiff, therefore, challenged the validity of notice by filing the said suit. The trial Court framed issues and the hearing of the suit started. However, before framing of issues the suit structure was demolished. The plaintiff, therefore, filed an application for amendment in April 2023. The trial Court by the impugned order allowed the application for amendment.

(3.) The owner has, therefore, filed present writ petition. Learned advocate for the petitioners submitted that the trial Court has exercised jurisdiction to allow the amendment based on the factors which are not borne out from material on record. The satisfaction of due diligence has not been recorded. Allowing of amendment causes prejudice to the owner. Initially, suit was in relation to constructed portion. However, part of the amendment is in relation to land below the structure which was never subject matter of the suit. In support of his contentions, he relied on following judgments: