JANARDAN URKUDA WAGHMARE Vs. RATANLAL KASHINATH GUDEKAR

JUDGEMENT

(1.) Rule. Heard forthwith by consent of parties. Heard Mr. A. C. Dharmadhikari, learned counsel for petitioner and Dr. Anjan De, learned counsel for respondent.

(2.) Petitioner has challenged order dated 25-4-2007 passed by the Civil judge, JD, Rajura in RCS No. 6 of 2006 rejecting his application (Exhibit 41) for amendment of plaint.

(3.) Petitioner is original plaintiff who filed RCS No. 6 of 2006 for grant of permanent injunction. In his suit, he claimed that his neighbour/defendant ought to have left 1 feet space towards the house of the petitioner, so also on the side of the respondent/defendant. An application for grant of temporary injunction filed by the petitioner/plaintiff was rejected. The respondent then made construction on his plot. The petitioner thereafter filed an application for amendment of suit. In his application for amendment, he averred that at the time he filed suit, there was a great hurry. He then got the land measured through a retired Government Surveyor who prepared map of the spot which, according to him, indicated that as a matter of fact, the respondent had encroached on the plot owned by the petitioner to the extent of 9. 43 sq. mtr. and the total construction on this land made by the respondent was 47 square feet. He then averred in his application that this development took place during the pendency of the suit and, therefore, it necessitated the amendment of plaint.