JUDGMENT - A.V. SAVANT, J.:---Heard both the learned Counsel Shri Khadapkar for the petitioners and Shri Palekar for respondents Nos. 1 to 4. The two petitioners are original plaintiffs Nos. 4 and 8. Respondents are the original defendants and the rest of the plaintiffs.

2. The short point which arises for my consideration is whether the order dated 8th October, 1997 rejecting the petitioners' (plaintiffs Nos. 4 and 8) application for amendment is justified in the facts of the case.

3. The plaintiffs filed Reg. Civil Suit No. 36 of 1983 in the Court of the Civil Judge, Jr. Dn., Malegaon. The plaint is dated 19th January 1983. The plaintiffs averred that they were the owners of certain property-land having purchased the same from the defendants in the year 1980. The suit property was already divided into plots in the year 1976 and the division was duly approved by the Asstt. Director of Town Planning on 29th June, 1976. It is averred that the plots were finally sanctioned by the concerned authority. The plaintiffs contended that original defendants Nos. 1 to 4 were divested of the ownership of the plots which vested in the plaintiffs pursuant to the sale deed of 1980 though the date o

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