MOHAMMAD IQBAL YAKUBJI Vs. HARI SHANKAR MOKALE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the admission stage.

(2.) By this petition petitioner challenges the order dtd. 9/12/2020 passed by the Civil Judge, Junior Division, Shirpur, Dist. Dhule rejecting petitioner's/plaintiff's application for amendment of plaint.

(3.) The suit is filed by petitioner/plaintiff for specific performance of agreement to sale dtd. 7/4/2007 by which defendant has agreed to sale land admeasuring 1H 98R in favour of petitioner/plaintiff. During the pendency of the suit, an area admeasuring 4800 sq. meter out of the suit land came to be acquired by National Highway Authority and compensation of Rs.10,56,000.00 came to be determined. This led to filing of application by plaintiff for amendment at Exhibit-12. That application for amendment came to be rejected by the Trial Court by order dtd. 5/8/2011. The order remained unchallenged and attained finality.