MANJU LATA SHARMA WIFE OF RAM KUMAR SHARMA Vs. PRAHLAD TAMBOLI SON OF SHIV PRAKASH TAMOLI, BY CASTE TAMBOLI, ADDRESS

JUDGEMENT

(1.) Petitioner has preferred this writ petition with the following reliefs:-

(2.) Learned counsel for the petitioner has argued that the petition is seeking amendment in the suit as he is entitled for the easementary rights and unless the prayer is expanded the complete relief to the petitioner shall not be available.

(3.) Learned counsel for the respondent has opposed the submissions with a categorical argument that the petitioner was supposed to exercise due diligence as the facts regarding easement were known to the family since last 200 years and the petitioner cannot be permitted to invoke the Order 6 Rule 17 of CPC at this stage.