SUDAM SITARAM DAGADE AND ORS vs UTTAMRAO SITARAM DAGADE

Judgment text excerpt

WP.7300.2023.docx Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7300 OF 2023 Sudam Sitaram Dagade & Ors. .. Petitioners Versus Uttamrao Sitaram Dagade .. Respondent ....................  Mr. Abhijit P. Kulkarni a/w Ms. Sweta Shah, Advocates for Petitioners.  Mr. S.C. Wakankar a/w. Ms. Aishwarya Bapat, Advocates for Respondent. ................... CORAM : MILIND N. JADHAV, J. DATE : JANUARY 02, 2025 JUDGMENT: 1. This Writ Petition takes exception to the order dated 25.01.2023 passed by the 6th Joint Civil Judge Senior Division, Pune, allowing the Application of Plaintiff filed below Exhibit "91" to recast the issues framed below Exhibit "26" in the suit proceedings and frame an additional issue. 2. Parties are referred to as "Plaintiff" and "Defendants" for convenience. 3. At the outset, it needs to be noted that cross-examination of the Plaintiff on the issues framed in the Suit has been completed. Thereafter Application below Exhibit "91" is filed by Plaintiff on 17.11.2022 under Order XIV Rule 5 of CPC, when the Suit is part- heard. 1 of 9 WP.7300.2023.docx 4. In the above facts certain dates and events are required to be delineated for proper appreciation of the issue before me. Plaintiff has filed Special Suit No. 419 of 2007 for declaration, partition and for perpetual injunction wherein challenge is maintained to the Will dated 09.02.2004 alleged to be executed by one Mr. Gayaram Piraji Dagade in favour of the Original Defendant No.2. 5. Pleadings were completed by the parties and issues were framed below Exhibit "26" in 2010. Evidence of the Plaintiff was filed in the year 2010 thereafter and the Impugned Order records that cross-examination of the Plaintiff is now concluded in the year 2022. 6. In the above backg