ASARAM MANIKRAO BHANDWALE Vs. KANTRAO BABURAO KAKADE

JUDGEMENT

(1.) Rule. Rule made returnable forth with. Heard finally by consent of the parties.

(2.) By way of present petition, the petitioner challenges the order dated 29th August, 2006, vide which the learned 2nd Jt. Civil Judge, S. D. , beed, has rejected the application for amendment to the counter claim, below Exh. 80 in regular Civil Suit No. 406 of 2001.

(3.) The respondent/ plaintiff has filed the suit bearing Regular Civil Suit No. 406/ 2001 for declaration and perpetual injunction. In the said suit, along with the written statement, counter claim came to be filed by the present petitioner/defendant alleging therein that the plaintiff has encroached upon a land admeasuring 16. 95 mtrs, x 15. 24 mtrs.