JUDGMENT

S.B. Sinha, J. - Leave granted.

2. Appellant-Bank filed a suit against the respondent. The suit related to ownership of a plot admeasuring 610 ft. x 250 ft. situated in the town Yadgir. It was purchased by the plaintiff in a public auction. Allegedly, the respondent is now claiming back the said amount. The suit was initially filed for a decree for injunction. The respondent filed another suit in the same court also for a suit for permanent injunction restraining the Bank from constructing any building. The suit of the appellant was dismissed whereas the suit of the respondent was decreed. Appeals were preferred there against by both the parties. In the said appeals, an application was filed for grant of leave to amend the plaint. The said application for grant of leave to amend the plaint was allowed by the appellate court by an order dated 7.04.2003. The appellate court remanded both the suits to the trial court for their disposal afresh on merits. Second Appeals were filed by the respondent herein before the High Court. The High Court by reason of the impugned judgment opined that the said application for amendment was not maintainable in view of the proviso appended t