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Bombay High Court

AMRUTA AVINASH AKOLKAR AND OTHERSversusPUSHPABAI KASTURCHAND BADJATE AND OTHERS

Disposal
DISPOSED OFF

Holding

The amendment does not change the nature of the suit and the trial court’s order allowing it is affirmed.

Summary

The petitioners filed a civil suit seeking a perpetual injunction and described the property boundaries, including the eastern side referencing land of Mr. Tarvindersingh Dhillan. The respondents, in their written statement and counter‑claim, contested the eastern boundary, later discovering that part of the land had indeed been sold to Mr. Dhillan and applied to amend their pleadings to reflect this. The trial court allowed the amendment, holding it did not alter the nature of the suit, citing the Supreme Court’s liberal amendment principle. The petitioners challenged this order by filing a writ petition, arguing that the amendment changed the suit’s character. The High Court examined whether the amendment affected the nature of the defence and found no prejudice to the petitioners, noting they could still contest the amended averments. Consequently, the writ petition was dismissed as being without merit.

Issues considered

  • Whether amendment of the written statement and counter‑claim to correct the description of property boundaries changes the nature of the civil suit.
  • Whether the trial court’s order permitting such amendment should be set aside on the ground of prejudice to the plaintiff.

Subjects

  • amendment of pleadings
  • civil suit
  • perpetual injunction
  • boundary dispute
  • written statement
  • counter claim
  • liberal amendment principle
  • writ petition

Judgment

2026:BHC-AUG:7705
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                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD
                            WRIT PETITION NO. 1733 OF 2026

                        AMRUTA AVINASH AKOLKAR AND OTHERS
                                          VERSUS
                    PUSHPABAI KASTURCHAND BADJATE AND OTHERS
                                              ...
               Mr. Shaikh Ashraf Patel, Advocate for the Petitioners.
                                              ...
                                       CORAM : S. G. CHAPALGAONKAR, J.
                                       DATED : 17th FEBRUARY, 2026.
               P.C.:-

               1.    The present writ petition takes exception to order dated

               09.12.2025 passed below Exhibit-19 by Civil Judge Junior Division,

               Aurangabad      in   Regular       Civil   Suit    No.979/2024,           whereby

               application for amendment submitted by respondents came to be

               allowed.


               2.    The     petitioners   are    plaintiffs     in    Regular       Civil     Suit

               No.979/2024.      The suit is instituted for decree of perpetual

               injunction. The respondents/defendants appeared in suit and filed

               written statement.     They took stand that boundary of property,

               particularly on Eastern side has been wrongly mentioned by

               petitioners/plaintiffs. They contended that there is no property of

               Mr. Tarvindersingh Dhillan on Eastern side of suit property, as

               pleaded in plaint. The defendants also filed counter claim, wherein

               they took similar plea.


               3.    Later    on,   respondents/defendants            filed   application            for

               amendment in written statement and counter claim, wherein they
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contended that at the time of filing written statement, they had no

knowledge as to whether certain part of property was sold to Mr.

Tarvindersingh Dhillan and, therefore, they took plea in written

statement that there is no land of Mr. Tarvindersingh Dhillan on

Eastern side of suit land. Accordingly, they sought amendment in

written statement and counter claim as stipulated in paragraph

nos.4 and 5 of application for amendment.                 The aforesaid

application   was   opposed     on   behalf   of   petitioners/plaintiffs.

However, Trial Court allowed said application vide impugned order

dated 09.12.2025.


4.    Mr. Shaikh, learned Advocate appearing for petitioners

would submit that respondents had candidly took a plea in written

statement that four boundaries as mentioned in plaint are not

correct and they took specific objection to Eastern side boundary,

which was specified giving reference to land of Mr. Tarvindersingh

Dhillan. Now aforesaid contentions raised in written statement is

sought to be withdrawn and, therefore, there would be change in

nature of suit.


5.    Having considered submissions advanced, it can be observed

that suit filed by petitioners is at nascent stage. The respondents

filed written statement, wherein they objected description of four

boundaries given in plaint, particularly to Eastern side boundary of

suit land described in plaint. It appears that, respondents have
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also filed counter claim alongwith written statement, wherein they

reiterated their stand that land of Mr. Tarvindersingh Dhillan is

not situated on Eastern side. The application seeking amendment

appears to have been filed with contentions that defendants got

copy of sale deed and consent deed executed by predecessor in title

of plaintiffs in favour of Mr. Tarvindersingh Dhillan. Now it has

been revealed that certain portion of property sold to Mr.

Tarvindersingh Dhillan.            Therefore, they sought to correct

averments made in written statement and counter claim.                 The

Trial Court finds that such amendment would not change nature of

suit and permitted amendment as prayed.


6.      If nature of amendment is seen, it appears that, defendants

want to change stipulation as regards to boundaries of suit

property on the basis of certain documents, which came to their

knowledge during pendency of suit. Till this date, issues are not

framed. The amendment sought in written statement and counter

claim needs to be liberally granted in light of law laid down by

Supreme Court in case of Life Insurance Corporation of India

Vs. Sanjeev Builders Private Limited and Anr. 1.              The Trial

Court has taken pragmatic view of matter and permitted

amendment.          Apparently, such amendment would not change

nature of defence raised in suit or counter claim. The petitioners

have every opportunity to dispute averments in written statement
1    AIR 2022 SC 4256.
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or counter claim by filing their own written statement.                 No

prejudice would be caused to petitioners.


7.      In result, Writ Petition sans merit. Hence, dismissed.



                                      (S. G. CHAPALGAONKAR)
                                               JUDGE
Devendra/February-2026


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