27.657.16 sa.docx Iresh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 657 OF 2016 WITH INTERIM APPLICATION NO. 11751 OF 2024 IN SECOND APPEAL NO. 657 OF 2016 Jayprakash Dhondiram Jadhav .....Appellants and ors Vs. Smt. Vidya Ganesh Joshi and anr .....Respondents Mr. Kamlesh P. Mali for the appellants Ms. Prabha Badadare for respondents CORAM : GAURI GODSE, J. DATE : 7th APRIL 2025 ORDER: INTERIM APPLICATION NO. 11751 OF 2024: 1. This application is for leave to amend to show respondent no. 1 as deceased through her heirs and legal representative who is already on record in different capacity as respondent no. 2. 2. In the facts and circumstances of the case, delay is condoned and application is allowed in terms of prayer clause (a), (b) and (c). 1/2 IRESH MASHAL Digitally signed by IRESH MASHAL Date: 2025.04.15 13:29:04 +0530 27.657.16 sa.docx 3. Amendment to be carried out within four weeks. SECOND APPEAL NO. 657 OF 2016: 4. Heard learned counsels for the parties. The second appeal is admitted on the following substantial questions of law: (I) Whether in the absence of any title document in the name of the plaintiff in respect of the suit property, the decree of injunction against the defendant would be sustainable, in the absence of any specific findings on the suit property not being part of the area purchased by the defendant by way of sale deed dated 16th December 2002 for an area of 400.6 square meters of CTS 1187 which was subsequently amalgamated for the areas in respect of CTS 1187 to 1190? 5. Learned advocate appearing for respondents waives notice. 6. Call for record and proceedings. Printing is dispensed with. 7. Learned advocate for the appellants shall file private paper-book within a period of one year. [GAURI GODSE, J.] 2/2