IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 15136 of 2017 (Arising out of SLP(C)No.33045 of 2015)

SATSONA UMIYA TRUST Appellant(s)

VERSUS

DHARMISHTHABEN JAYANTILAL PATEL & ANR. Respondent(s)

O R D E R

Leave granted.

We have heard learned counsel for the appellant.

None appears for the respondents.

We find that the High Court has interfered with the order permitting amendment in the plaint which essentially is a formal amendment to correct the description of the property.

Thus, we do not find any justification for the High Court to have interfered with the order of the trial court.

Accordingly, this appeal is allowed. The impugned order is set aside and the order of the trial court is restored.

..........................J. (ADARSH KUMAR GOEL)

..........................J. (UDAY UMESH LALIT)

New Delhi, September 20, 2017. Digitally signed by MAHABIR SINGH Date: 2017.09.21 16:18:28 IST Reason: Signature Not Verified

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 33045/2015

(Arising out of impugned final judgment and order dated 30-06-2015 in SCA No. 1670/2013 passed by the High Court Of Gujarat At Ahmedabad)

SATSONA UMIYA TRUST Petitioner(s)

VERSUS

DHARMISHTHABEN JAYANTILAL PATEL & ANR. Respondent(s)

Date : 20-09-2017 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT

For Petitioner(s)

Mr. Rauf Rahim, AOR

For Respondent(s)

Mr. Aftab Ali Khan, AOR (Not Pressent)

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

In terms of the signed order, the appeal is allowed.

Pending applications, if any, shall also stand disposed

of.

(MAHABIR SINGH) (PARVEEN KUMARI PASRICHA) COURT MASTER COURT MASTER (Signed order is placed on the file)