1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8334/2009. (Arun Dhadu Patil and 3 Ors. Vs. Shaikh Majahar Shaikh Safdar and 7 Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.Ranbir L Chhabda, Adv. h/for Mr. PR Patil,Adv. for petitioners; Mr.MH Patil, Adv. for Respondent No.1; Mr.Pawan Pawar, Adv. h/for Mr. SP Brahme, Adv. for Resp.Nos. 2 to 4. *** CORAM : K.U.CHANDIWAL ,J. DATE : 4 th October, 2010. ... 1) Heard. 2) Allowing amendment below Exhibit-83 by order dated 15th April, 2009 by learned 3rd Joint Civil Judge, Senior Division, Dhule in Special Civil Suit No. 15/2004, is questioned by the defendant. 3) The suit was for specific performance of contract. By way of paragraph 1-A, certain formal history was narrated to be given by the plaintiff, seeking amendment. However, in the subsequent clause of proposed amendment, the challenge appears to be to the sale- deeds executed inter se between the vendors with others (may be brothers of the vendors) prior to filing of the suit. 2 4) Learned Counsel appearing for the petitioners/defendants points that the very action of challenge to the sale transaction is barred by law of limitation. The plaintiff was aware of earlier sale transactions, he did not bother to incorporate the requisite reliefs or contentions. That apart, it is contended by both the sides that time being essence of contract, since it was not adhered to, same will have its impact on the inter se conduct between the parties. 5) At this stage, this Court need not to travel about the conduct of the parties. If any declaration in respect of sale- deed is to be sought, the party concerned has other forum available, which it can exhaust. By way of such amendment, it will be blasting the very nature of the suit for specific performance of contract, and the parties, who are not before the Court will be certainly prejudiced. Minor amendment in respect of description of certain details need not be questioned. However, the very script of the proposed amendment will be changing the scenario. 6) In the result, the challenge in the writ petition is partly entertained. The amendment, to the extent of paragraph 1- A, as reflected page 15 of the present 3 paper-book, is only to be entertained /allowed. Rest of the part of the amendment need not be entertained. 7) The learned Judge will take a note of the same. 8) Writ Petition partly allowed to the extent indicated above. No costs. (K.U.CHANDIWAL) JUDGE bdv/