1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 1599 OF 2011 *** 1. Heard Advocate Mr. Deshmukh for Petitioner/ plaintiff, advocate Mr. Gaikwad for Respondent No.8. 2. In appeal the petitioner/ plaintiff sought amendment to plaint to add a prayer seeking declaration that sale deed executed by original defendants during pendency of suit was void and not binding upon plaintiff. The Appellate Court i.e. District Judge-2, Ambajogai has on 5th January, 2011 rejected that prayer. 3. Shri Deshmukh fairly points out that in suit the subsequent purchasers were added as parties but then prayer for declaration of sale deed in their favour as bad or for having it set aside was not made. He also states that suit filed is for partition and separate possession and in absence of such declaration the entire decree obtained by 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. petitioner/ plaintiff may be rendered nugatory. He is relying upon judgment of Honourable Apex Court in the case of "Pankaja V/s Yellappa (D) By. Lrs." reported in 2004 (6) SCC 415 to urge that in such situation a view which advances cause of justice and reduces future litigation needs to be taken. He is also relying upon some other judgments for very same purpose. 4. Shri Gaikwad on the other hand supports the impugned order. He states that the fact well within the knowledge was not pressed into service before trial Court and in Appellate Court for the first time the amendment is sought. 5. The facts on record clearly show that sale deed came to the knowledge of petitioner/ plaintiff and he sought necessary amendment in the plaint before the trial Court itself. At that juncture, prayer for declaration of that sale deed as bad was not 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. made. After adjudication of suit in appeal filed in the year 2008 the application has been moved for such amendment on 28th January, 2010. The Appellate Court has rightly considered necessary facts and found that the prayer sought to be added was time- barred. 6. All relevant facts are looked into by Appellate Court and there is no jurisdictional error or perversity. I am, therefore, not inclined to interfere in the matter. 7. With liberty to the petitioner to challenge the impugned order after appeal is finally decided, if occasion therefor arises, present writ petition is disposed of. No costs. [B.P.DHARMADHIKARI, J.] Dated:08/03/2011. ans/1599