LAXMAN RAMJI TASKE Vs. KEWALABAI KISAN PAWADE

JUDGEMENT

(1.) Admit. The learned counsel for the parties have been heard on the following substantial question of law:-

(2.) Facts relevant for deciding the aforesaid substantial question of law are that the respondents are the original plaintiffs who had filed suit for possession of area ad-measuring 1 hectare 62 Are bearing Survey No. 52, situated at Shembalpimpri along with a house constructed thereon. The suit was decreed on 16th March, 1992 and the appeal filed by the original defendant was dismissed on 22nd June, 1995. The original plaintiff then filed Regular Darkhast No. 8 of 1996; but the same came to be withdrawn as it was noticed that the description of the suit property was incorrect. The plaintiffs then moved an application before the trial Court for correction of the decree. This application was allowed and the suit property was shown as situated in village Gaul instead of village Shembalpimpri. The order passed by the executing Court allowing the amendment on 8th April, 2011 was challenged before this Court by filing Writ Petition No. 3704 of 2011. On 5th December, 2011, the said Writ Petition was allowed and the order passed by the executing Court was set aside. The plaintiffs were granted liberty to file an application for amendment of the plaint along with the application for correction of the decree, if permissible in law. Pursuant to that, the plaintiffs-decree-holders again moved the trial Court and by order dated 10th September, 2012, the trial Court permitted the plaint as well as the decree to be corrected.

(3.) This order was then challenged by the original defendant No. 1 in Regular Civil Appeal No. 2 of 201 The appellate Court by its judgment dated 17th August, 2015 dismissed the appeal and confirmed the aforesaid order. Being aggrieved, the original defendant through his legal heirs has filed this Second Appeal.