SHRI PARESH SHAH, SON OF SHRI RATILAL SHAH Vs. M/S. BHONSLE DAIRY, A PARTNERSHIP FIRM DULY
HIGH COURT OF BOMBAY
Shri Paresh Shah, Son Of Shri Ratilal Shah
M/S. Bhonsle Dairy, A Partnership Firm Duly
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C. V. Bhadang, J. -
(1.) Rule, made returnable forthwith. Learned counsel for the contesting respondent no.6 waives service. Heard finally by consent of parties.
(2.) The challenge in this petition, under Article 227 of the Constitution of India, is to the order dated 30/8/2017 (below Exhibit D/115), passed by the learned Addl. Senior Civil Judge at Margao in RCS NO.247/2010/II. By the impugned order, application for amendment of plaint filed by the petitioner/plaintiff seeking to incorporate an alternate prayer clause, has been rejected.
(3.) The brief facts necessary for the disposal of the petition may be stated thus:
That the petitioner has filed the aforesaid suit for declaration, injunction and other consequential reliefs. The petitioner inter alia seeks a declaration that he is the absolute owner and in possession of the suit plot and for cancellation of the deed of sale dated 12/2/2010 to the extent it purports to sell a portion of the suit plot and for declaration of the said deed of sale as null and void.;
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