ARCHANA RASENJIT GOGTE Vs. AMIT NAMDEORAO NIKAM

JUDGEMENT

(1.) The Petition challenges order dtd. 2/5/2022 passed by the Trial Court allowing Application at Exh-20 for amendment of pleadings in the plaint under Order VI Rule 17 read with Order I Rule 10 of the Code of Civil Procedure, 1908.

(2.) I have heard Mr. Khaladkar, the learned counsel appearing for Petitioner and Mr. Avhad the learned counsel appearing for Respondent.

(3.) Respondent had initially filed Miscellaneous Application No. 48 of 2018 under Sec. 276 of the Indian Succession Act, 1925(Succession Act) seeking probate in respect of Will dtd. 26/3/2015 allegedly executed by late Advocate Mr. Namdev V. Nikam. On account of objections filed to the probate Application by Respondents, the Miscellaneous Application has been converted into Special Civil Suit No. 233 of 2022. In his Suit, the Plaintiff filed Application for amendment of the pleadings for the purpose of bringing on record the events relating to transfer of some of the properties during pendency of Probate Application, for impleadment of Respondent Nos. 3 and 4(transferees) to the proceedings and for seeking a declaration that sale deed dtd. 22/1/2020 executed in favour of Respondent Nos. 3 and 4 is illegal and not binding on the Plaintiff. By the impugned order, the Trial Court has proceeded to allow the Application for amendment.