JAYANT VISHNU DANDEKAR Vs. NILESH DATTU BABAR

JUDGEMENT

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

(2.) The challenge in this Petition is to an order dtd. 10/12/2021 passed by the learned Civil Judge, Jr. Division, Palghar, on an application for amendment of the plaint (Exhibit 33), whereby the said application came to be rejected.

(3.) The Petitioner/Plaintiff instituted a suit for removal of encroachment and recovery of possession of two gunthas land out of Gat No.3, over which the Defendants/Respondents have allegedly committed enroachment. In the said suit, the Taluka Inspector of Land Records (TILR) came to be appointed as the Court Commissioner. It appears, the Court Commissioner gave a report to the effect that the encroachment was in fact in Gat No.1 and not Gat No.3. Thereafter, the Plaintiff preferred an application seeking amendment so as to correct the description of the property which was allegedly encroached upon.