RAMDAS SITARAM ZAWARE Vs. NAMDAO KONDIBA ZAWARE

JUDGEMENT

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

(2.) The petitioners/original defendants impugns order dtd. 10/7/2017 passed by learned Civil Judge Junior Division, Parner in Regular Civil Suit No.485 of 2008 thereby allowing application below Exhibit-43 permitting plaintiff to amend the plaint.

(3.) The respondent/plaintiff instituted Regular Civil Suit No.485 of 2008, seeking relief of perpetual injunction in respect of suit property bearing Gat No.1420. The plaintiff has further sought declaration that sale deed executed by defendant no.2 in favour of defendant no.3 is not binding on his rights. It is contention of plaintiff that his father namely Kondiba Zaware purchased suit land from father of defendant nos.1 and 2 under registered sale deed dtd. 10/2/1955. However in sale deed, Survey No.466/7B is wrongly mentioned instead of land Survey No.467/7B. According to plaintiff, his father was continued in possession of suit land till his death. However, defendant no.2 sold northern side half portion of suit land to defendant no.3 and defendant no.1 is attempting to sale southern half portion of suit land to third party. Hence, cause of action arose to file the suit.