AVINASH KARNIK Vs. AJIT KARNIK

JUDGEMENT

(1.) The petitioner's Chamber Summons to amend the plaint was rejected by the Judge, City Civil Court on 5 th Sept., 2015; against which this Writ Petition is preferred under Art. 227 of the Constitution of India.

(2.) Petitioner's father was owner of the Flat, being Flat No.2 ("suit flat" for short) in the respondent no.4-Society. After the demise of the plaintiff's father and pursuant to the Will made by him, the suit flat was transferred in favour of his mother in the records of the Society. During her lifetime, mother recorded the name of defendant no.2 as a nominee in the books of defendant no.4, Society. Mother died in the year 2005. Respondents no.1 and 3 are brother and sister of petitioner and defendant no.2 is son of the defendant no.1.

(3.) It is the petitioner's case that, since his mother's death, the suit flat was lying vacant and respondent no.1 was in it's possession. Somewhere in Sept., 2007, defendant discovered a fact that, respondents no.1, 2 and 3 in collusion, with one another, agreed to sell the suit flat to the respondent no.5. Soon, thereafter, respondent no.5 applied to the Society for transfer of shares/membership, however, Society rejected the said application.