Gujarat High Court
Pravinsinh Abhesinh Parmar vs Dharmvijay Chandrasinh Parmar & 6 on 17 February, 2017
Author: S.H.Vora
Bench: S.H.Vora
C/SCA/2699/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 2699 of 2017
==========================================================
PRAVINSINH ABHESINH PARMAR....Petitioner(s)
Versus
DHARMVIJAY CHANDRASINH PARMAR & 6....Respondent(s)
==========================================================
Appearance:
MR ZUBIN F BHARDA, ADVOCATE for the Petitioner(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 17/02/2017
ORAL ORDER
1. Learned advocate Mr.Z.F. Bharda for the petitioner restricts present petition qua alternate relief, as prayed for, in para 8(1) of application below Exh.79 preferred under the provisions of Order 6 Rule 17 of the Code of Civil Procedure in Regular Civil Suit No.65 of 2008.
2. Prima facie, it appears that the amendment, as sought for, by the plaintiffs by way of the alternate prayer refers to the agreements dated 30.01.1986 and 02.03.1987 so as to establish that the plaintiffs have become exclusive owners of the suit land. Thus, the plaintiffs by way of proposed amendment, intend to change the suit from partition to exclusive ownership right over the suit land. Such prayer would change the basic structure of the suit and, therefore, granting amendment to that extent in terms of application Exh.79 requires consideration.
3. Hence, issue notice to the respondents, making it returnable on 25.04.2017. Meanwhile, ad-interim relief in terms of para 7(C) is granted.
Page 1 of 2HC-NIC Page 1 of 2 Created On Sun Aug 13 17:53:30 IST 2017 C/SCA/2699/2017 ORDER (S.H.VORA, J.) Hitesh Page 2 of 2 HC-NIC Page 2 of 2 Created On Sun Aug 13 17:53:30 IST 2017