Regular Civil Suit No. 309/2021

CNR Number MHAH230008342021 Baban Bansi Dange ……. . Plaintiff Versus

1. Balu Bansi Dange ……. . Defendants

ORDER BELOW EXHIBIT 09

1. The Suit is for demarcation of boundaries aND perpetual injunction. Summons aND notices are not yet issued to the Defendants. The Plaintiff has filed the application for amendment of plaint as per the provisions of Order 6 rule 17 of Code of Civil Procedure vide exhibit 09. The Plaintiff has stated that, haND sketch map AnnexureA of Suit property is not attached to this Suit. Inadvertently, haND sketch map of another property is attached. Hence, it is necessary to file haND sketch map Annexure-A of Suit property 1A aND 1B to Suit. It will not change nature of Suit.
2. Upon hearing of Plaintiff aND on perusal of exhibit 09, the following points arise for my consideration – | Sr. No. | Points | Findings | |---------|----------------------------------------------------------------------------------------|----------| | 1. | Whether proposed amendment will
   change nature of Suit? | No | | 2. | Whether proposed amendment is
   necessary to decide real dispute between
   parties? | Yes. | | 3. | Is Plaintiff entitled for relief of
   amendment? | Yes | | 4. | What is Order? | The application is | |----|-----------------|--------------------| | | | allowed. |

REASONS

As to point number 1 to 4 –

3. The point number 1 to 4 are interlinked with each other. I have clubbed point number 1 to 4 together aND discussed accordingly. The Suit is for demarcation of boundaries aND perpetual injunction. The Plaintiff has filed the application at exhibit 09 for amendment of plaint as per the provision of Order 6 Rule 17 of Code of Civil Procedure.
4. On perusal of exhibit 09, it reveals that, the Plaintiff is seeking the amendment in the Suit by attaching haND sketch map AnnexureA of Suit property 1A aND 1B. At this juncture, recourse must be taken to order 6 Rule 17 of Code of Civil Procedure. The gist of Order 6 Rule 17 of Code of Civil Procedure says that amendment must be necessary for the purpose of determining real questions in controversy between the parties. The amendment in the pleading must be in just terms.
5. The Plaintiff has stated that, haND sketch map AnnexureA of another property is wrongly attached in this Suit. Therefore, it is necessary to attach haND sketch map AnnexureA of Suit property 1A aND 1B, if it is not done so then it may result in injustice to Plaintiff in future. Hence, application vide exhibit 09 may be allowed. The Defendant will get opportunity to put forth his defence in future.
6. The Plaintiff is seeking amendment to attach haND sketch map in the Suit of Suit property. In view of court, the nature of proposed amendment is not causing any change in the nature of claim of Suit. It will not damage or change the nature of Suit, rather the amendment will sort out the dispute between parties. It seems that the proposed amendment is bona fide one. The proposed amendment is necessary for the purpose of determining the real questions in controversy between the parties. If the application vide exhibit 09 is rejected then it may result in multiplicity of litigation. In order to avoid multiplicity of proceeding, it will be appropriate to allow the said application. The proposed amendment will help the court to adjudicate the dispute on its merit. The Defendants will get the opportunity to put forth their defence.
7. In the view of the court, if proposed amendment is allowed, it will not cause prejudice to Defendants. The proposed amendment will not affect rights of Defendants. The Defendants will get the opportunity to put forth their defence if amendment application is allowed. AND the hearing of Suit is not yet begin. Therefore, Plaintiff can very well ameND the Suit at this stage. Hence, application vide exhibit 09 is very well maintainable. The terms of amendment are just. Therefore, after considering the provision of Order 6 Rule 17 of Code of Civil Procedure aND in view of above facts & circumstances, the application is very well maintainable. It is just & proper to allow application in the interest of justice. In the result the following order is passed.

ORDER

• 1. The application vide exhibit 09 is allowed.
• 2. The Plaintiff shall carry out amendment on or before the next date.
• 3. The Plaintiff must file the copy of amended plaint on or before next date aND trial of the Suit is to proceed further in accordance with provisions of law.
• 4. There is no order as to cost. Shrigonda Sd/ Date – 23/06/2022 Smt. . K. A. Katkar Joint Civil Judge(J. D) Shrigonda.

**: CERTIFICATE: **

I affirm that, the contents of this pdf file order are same, word for word as per original order. | Case No. | |: R. C. S. No. 309/2021 | |-------------------------|----|-------------------------------------------------------------------| | Name of Stenographer |: | Smt. . S. V. Jadhav | | Court Name |: | Smt. . K. A. Katkar,
Jt. Civil Judge,
J. D. & J. M. F. C, Shrigonda. | | Date of Decision |: | 23/06/2022 | | Order signed by P. O. on |: | 23/06/2022 | | Order uploaded on |: | 23/06/2022 |

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References: Case Number - R.C.S./309/2021 | Case Type - R.C.S. | CNR Number - MHAH230008342021 | Complex Name - Shrigonda, Civil Court | Court Name - 10-ravindra Bhagwan Khawale-2nd Jt CJJD JMFC Shrigonda | Filing Date - 01-10-2021 | Judge Name - 10-2Nd Jt Cjjd Jmfc Shrigonda | List Date - 2025-07-19 | Order Date - 2022-06-23 | Order Number - 1 | Petitioner Advocates - Shelar Nilesh S.Deshmukh P. V. | Petitioner Parties - Baban Bansi Dange Advocate - Shelar Nilesh S. | Respondent Parties - Balu Bansi Dange Advocate - Deshmukh P. V.2) Nandabai Balu Dange 3) Shrikant Appa Kurumkar 4) Hirabai Shrihari Kurumkar 5) Amol Appa Kurumkar 6) Mahesh Santosh Shelar 7) Vitthal Sarjerao Baikar 8) Balasaheb Sonyabapu Wagh