SHANKAR Vs. GORAKH

JUDGEMENT

(1.) This civil revision application has been filed challenging the order dated 24-03-2004 passed below Exh. 48 in Regular Civil Suit No. 503 of 1995, by the learned Joint Civil Judge, Junior Division, Nilanga, District Latur.

(2.) The revision applicant herein filed application at Exhibit 48/D contending that the plaintiff filed suit for declaration of ownership with perpetual injunction in respect of land bearing survey No. 52/A. The plaintiff knows that there is sale-deed of defendant which is overlapping of suit land. It was contended that it is very necessary to claim declaration regarding sale-deed in favour of defendant passed on 29-05-1974, which is not binding on the plaintiff. It is further contended that adding this relief in the plaint, will change nature of suit and amendment was not possible. The plaintiff therefore prayed for withdrawal of suit with liberty to file fresh suit on same cause of action.

(3.) The said application of the applicant was heard by the Joint Civil Judge, Junior Division, Nilanga on 24-03-2004 and said application came to be rejected. Being aggrieved by the said order, the instant civil revision application has been filed by the applicants.