MOHAN RAMJI KHATANE Vs. SAHEBRAO ARJUN HON

JUDGEMENT

(1.) The present Writ Petition takes exception to order dtd. 6/7/2024 passed below Exhibit-69 by Civil Judge Senior Division, Vaijapur in Regular Civil Suit No.314/2018, whereby petitioners' application seeking amendment in plaint has been rejected.

(2.) The petitioners instituted Regular Civil Suit No.314/2018 seeking relief of declaration of ownership and perpetual injunction. It is contention of plaintiffs that suit lands were originally owned by one Mohiniraj S/o. Govind Narayanrao. Thereafter, petitioners inherited property. It is further asserted that petitioners' predecessors have executed nominal sale deeds in favour of defendants towards security of loan. Although, possession of properties continued with petitioners, names of defendants/respondents were mutated in record of rights.

(3.) The defendants appeared in suit and contested claim. The Trial Court framed issues and relegated parties to trial. The petitioners/plaintiffs recorded their evidence and one more witness. As such, after commencement of trial, they filed application under Order VI Rule 17 of Code of Civil Procedure seeking amendment in plaint.