CHANDRAKALA HIRAMAN ALIAS BALU MOTKARI AND ANR v. SUDAM HIRAMAN ALIAS BALU MOTKARI AND ORS
Court: Bombay High Court
Judgment date:
Case summary
Bombay High Court judgment dated 2026-08-18. CHANDRAKALA HIRAMAN ALIAS BALU MOTKARI AND ANR v. SUDAM HIRAMAN ALIAS BALU MOTKARI AND ORS. Read the judgment...
Judgment text
Digitally signed by MEERA MEERA MAHESH MAHESH JADHAV JADHAV Date: 2026. 08. 20 16:02:56 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4890 OF 2026 Chandrakala Hiraman Alias Balu Motkari And Anr ... Petitioners Versus Sudam Hiraman Alias Balu Motkari And Ors ... Respondents ---------- Mr. Shriram Kulkarni a/w Mr. Gaurav Ugale and Mr. Devesh B for Petitioners. ----------- CORAM: N. J. JAMADAR, J. th DATE : 18 AUGUST 2026 P. C. : 1. Heard the Learned Counsel for the Petitioner. th 2. The challenge in this petition is to an order dated 6 February 2026 passed by the Learned Civil Judge, Nashik, whereby an application for amendment of the plaint came to be allowed so as to incorporate the properties which were stated to be joint family properties and implead the parties who appeared to be necessary for adjudication of the suit for partition. 3. The amendment was sought at the pre-trial stage.
The interdict contained in the proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908, was not attracted. The learned Civil Judge has rightly Meera Jadhav 1/2 recorded that the proposed amendment is necessary for the determination of all the questions in controversy between the parties. There is no potentiality of prejudice to the Petitioners. 4. Thus, in exercise of its supervisory jurisdiction, this Court does not find any legal infirmity in the impugned order. The Petition accordingly stands dismissed. [N. J. JAMADAR, J. ] Meera Jadhav 2/2
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