(1.) Heard learned counsel Mr. S.V.Gangapurwala, instructed by Mr. Pushkar Shendurnikar, Advocate for the Petitioner and the learned counsel Mr. Mahesh Patil for legal heirs of Respondent No.1 and for Respondent No.2. Respondent Nos.4, 5 and 8 are deleted. None appears for Respondent Nos.3, 6 and 7 despite service.
(2.) Challenge, in this writ petition, is to the order passed by the first Appellate Court below Exhibit-53 on 26th August, 2005, in Regular Civil Appeal No.171 of 2001, pending on the file of learned District Judge at Dhule. It was an application seeking amendment to the written statement filed by the Appellant there in that appeal, who was original defendant No.7 in Special Civil Suit No.27 of 1999.
(3.) A resume of few relevant facts would suffice.