BALKRISHNA GANPAT ELWANDE Vs. SHANKAR TUKARAM SABLE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The matter is taken up for final disposal with consent of counsel for the parties; at the stage of admission.

(2.) By this petition, the petitioner has challenged the order passed by the civil Judge, Junior Division, Newasa on 14-10-2005 rejecting an application filed by the petitioner/plaintiff under Order 6, Rule 17 of the Code of Civil procedure.

(3.) The petitioner/plaintiff filed a suit against the respondents seeking permanent injunction to restrain the respondents from obstructing the possession of the plaintiff over the suit property. During pendency of the suit, temporary injunction was granted in favour of the petitioner/plaintiff and the trial Court also appointed Taluka Inspector of Land Records as a Court Commissioner for measurement of the suit property. The Commissioner's report was placed on record and according to the plaintiff, it showed that the defendants had encroached upon the suit property. The petitioner, therefore, filed an application seeking amendment to the plaint, on 5-1-2005 by incorporating certain paragraphs as well as prayer clauses. By the proposed amendment, the petitioner wanted to plead that in spite of operation of the injunction order in favour of the petitioner, the defendants illegally encroached upon the suit property. According to the proposed amendment, the fact of encroachment was revealed to the petitioner after the Commissioner's report was perused. In view of the subsequent development, the petitioner pleaded that it was necessary to pass a decree for possession against the defendants.