k 1/2 40 wp 12003.19 as.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12003 OF 2019 Anwar Hussain Jamalludin Thim ....Petitioner V/S Sarla Chandrakant Gade & Ors. ....Respondents _________ Mr. Durgaprasad Sabnis a/w Mr. Hiten Lala for the Petitioner. __________ CORAM : SANDEEP V. MARNE, J. DATE : 12 OCTOBER 2026. P.C.: 1. The Petition challenges order dated 25 January 2019 passed by the learned 5th Joint Civil Judge Senior Division, Nashik allowing Application at Exhibit-78 filed by the Plaintiffs seeking amendment in the plaint. 2. I have heard Mr. Sabnis, the learned counsel appearing for the Petitioner and have considered the submissions canvassed by him. 3. The suit is for partition of suit properties. It is Plaintiffs’ contention that when suit was filed the suit property was agricultural land. However, during pendency of the suit, Defendant has changed the nature of the suit property by converting the same into non-agricultural use. The Trial Court has recorded finding that the nature of suit was altered on account of the proposed amendment. The Trial Court has also recorded finding that correct description of the suit property is necessary katkam Page No. 1 of 2 2026:BHC-AS:41509 k 2/2 40 wp 12003.19 as.doc for effecting adjudication on subject matter of controversy between the parties. It is also seen that after the amendment is allowed, Plaintiffs have filed Additional Affidavit of witness and he has been cross- examined on the amended portion of property. In that view of the matter, I am not inclined to interfere in the impugned order. Writ Petition is accordingly rejected. (SANDEEP V. MARNE, J.) katkam Page No. 2 of 2 Signed by: Sudarshan R. Katkam Designation: PS To Honourable Judge Date: 13/10/2026 15:47:41