MAHADU MARUTI JAWALE Vs. PRALHAD BHANUDAS

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by the consent of the parties.

(2.) This petition challenges the order dtd. 18/12/2021, passed below Exhibit-100 in Regular Civil Suit No.93/2014, by the learned Civil Judge, Junior Division, Jamkhed, thereby rejecting the application filed by the petitioner - plaintiff under Order VI Rule 17 of the Code of Civil Procedure, for amendment.

(3.) The plaintiffs have filed the suit for declaration that they are the owners of the suit property bearing Gut No.590, admeasuring 0.71R, situated at Jamkhed, Taluka Jamkhed, District Ahmednagar. The prayer is also made that permanent injunction be granted against the defendant that he should not disturb the peaceful possession of the suit property of the plaintiffs and should not encroach and construct in the suit property. Earlier an application for amendment at Exhibit-56 was filed by the plaintiffs which was rejected by the trial Court. This Court in Writ Petition No.3497/2016, in which the trial Court's order was challenged, held thus: