ALANKAR PADAJI MHATRE Vs. NAMDEO NARAYAN NAIK

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, and, with the consent of learned Counsel for the parties, heard finally.

(2.) These three petitions assail the legality, propriety and correctness of a common order on applications (Exh. 76 and 89) in Regular Civil Suit No. 16/2009, dtd. 18/12/2023 passed by the learned Civil Judge, Panvel, whereby the application (Exh. 76) preferred by the petitioners in Writ Petition No. 1277/2024 and 1278/2024 - the plaintiffs, to delete the petitioner in Writ Petition No. 1297/2024 - Defendant No. 5 from the array of the defendants, and Plot No. 73, Sector No. 03, Ulwe Node ('the suit plot') from the suit properties, came to be rejected and the application (Exh. 89) preferred by the Respondent Nos. 1 to 4 - Defendant Nos 1 to 4 seeking amendment in the written statement so as to also file a counter- claim against the plaintiffs and Defendant No. 5, came to be allowed.

(3.) Though there have been multiple proceedings in respect of the suit plot, yet, the background facts necessary for the determination of these petitions can be summarized as under: