LAWS(BOM)-2015-7-434

SHANKARRAO DATTATRAY PATIL Vs. SHAIKH ABDUL RAZAK

Decided On July 10, 2015
Shankarrao Dattatray Patil Appellant
V/S
Shaikh Abdul Razak Respondents

JUDGEMENT

(1.) Heard Mr. I. Agha, learned Counsel appearing for the petitioner in Writ Petition No. 143/2014, Mr. Anthony D'Silva, learned Advocate appearing for the petitioner in Writ Petition No. 144/2015 and Mr. M.P. Mulgaonkar, learned Advocate appearing for the respondents/original plaintiffs. Rule. Heard forthwith with the consent of the learned Counsel appearing for the parties. The learned Counsel appearing for the respondents/original plaintiffs waives notice.

(2.) Both the above Writ Petitions challenge an order dated 17.1.2014 passed by the learned Civil Judge, Senior Division, Bicholim in Special Civil Suit No. 16/2011/A whereby an application for amendment filed by the respondents came to be allowed.

(3.) The main crux of the submission of the learned counsel appearing for the petitioners is that by the proposed amendment, a hopelessly time barred claims are sought to be introduced by the respondents by challenging the transactions which took place in the year 1963, 1968 and 2006.