LALCHAND SHEETALSING PARDESHI Vs. RAMKRISHNA KASHINATH JADHAV

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) RULE. Rule made returnable forthwith by consent of parties. Shri A. D. Kasliwal, learned Counsel, waives service for respondent nos. 1 and 2. Shri U. M. Thigale, learned Counsel appearing for respondent no. 3,. waives service for the same respondent and undertakes to file Vakil Patra.

(3.) THE petitioner is the original plaintiff who has instituted a suit for specific performance of contract against the respondents/defendants. The case of the plaintiff is that an agreement of sale was executed by defendant nos. 1 and 2 in fevour of the plaintiffs in regard to 12 plots and open land admesuring 1 acre 7 Gunthas from Survey No. 12 situated at aurangabad, dated 28-4-1987. It is the case of the plaintiff/petitioner that the defendant nos. 1 and 2 refused to execute the sale deed though the plaintiffs were ready and willing to perform their part of contract. The plaintiff further contended that they were placed in possession of the properties in part performance of contract. On these pleadings, the suit for specific performance came to be filed and a prayer for injunction was also made seeking to restrain the respondents from obstructing the peaceful possession of the plaintiffs over the suit property. Along with the suit, an application seeking temporary injunction was also filed. No orders came to be passed on the said application and the suit itself proceeded further and when it reached the stage of evidence, the petitioner/plaintiff filed his examination in chief on affidavit. At this stage, i. e. when the evidence had commenced and when the proceedings had reached the stage of trial, the petitioners/plaintiffs moved an application seeking amendment to the plaint with a view to add a prayer in regard to claim of possession of the suit properties, is the plaintiffs contended in the amendment application, that they came to be dispossessed, pending the suit. The rejection of this application, for amendment moved by the plaintiff, by the trial court had given rise to the filing of the instant petition.