ARCHANA ASHOK AMBURLE Vs. ARPANA SHANKAR DUDHAM
LAWS(BOM)-2018-9-29
HIGH COURT OF BOMBAY
Decided on September 10,2018

Archana Ashok Amburle Appellant
VERSUS
Arpana Shankar Dudham Respondents

JUDGEMENT

R.D. Dhanuka, J. - (1.) By this petition filed under Article 227of the Constitution of India, the petitioner (original plaintiff) has impugned the order dated 10th July 2018 passed by the learned Civil Judge, Junior Division, Dapoli thereby rejecting the application Exhibit-77 filed by the petitioner inter alia praying for recasting of the issue no.1 and also seeks to challenge the order dated 25th April 2018 passed by the learned Civil Judge, Junior Division, Dapoli below Exhibit-71 filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short "the said Code") inter alia praying for amendment to the plaint and for adding relief of possession. Some of the relevant facts for the purpose of deciding this petition are as under : -
(2.) The suit land is bearing Survey No.999 admeasuring 178.2 sq.mtrs. situated at Village Harne, Taluka Dapoli, District Ratnagiri and House bearing No.518 including a toilet. On 10th January 2012, the petitioner filed a Regular Civil Suit No.6 of 2012 before the learned Civil Judge, Junior Division, Dapoli inter alia praying for seeking mandatory injunction for removal of House No.518 along with toilet constructed on the suit property. It was the case of the petitioner that he is the owner of the entire suit property and had purchased the suit property from the original owner Shri Khatavkar vide registered sale deed executed on 1st April 2009. The learned Civil Judge, Junior Division, Dapoli passed an order for issuance of summons upon the respondents (original defendants) for filing written statement. On 15th June 2012, the defendant nos.1 to 3 and 5 filed their composite written statement denying the claim of the petitioner. It was the case of the defendants that father of the defendants was in possession of the suit property and those defendants had constructed the suit house and a toilet structure on the suit property. The defendant no.4 filed a pursis accepting the written statement of the defendant nos.1 to 3 and 5. On 5th August 2012, the petitioner filed an affidavit of evidence before the learned trial Judge in the said suit.
(3.) On 15th September 2012, the learned Civil Judge, Junior Division, Dapoli framed five issues in the said suit. The issue no.1 was as to whether the plaintiff proves that she was the owner of the suit house and toilet constructed on the suit property. On 5th August 2015, the petitioner was extensively cross-examined by the advocate of the defendants. On 20th June 2016, the defendant no.2 filed his affidavit in lieu of examination-in-chief. The witness summons was issued to Grampanchyat, Gram Sevak Adhikari.;


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