Judgment - DHARMADHIKARI B. P. , J.

( 1 ) IN this writ petition under Articles 226 and 227 of Constitution of India the petitioner/original defendant in the Regular Civil suit Number 1039 of 1998 challenges the order dated 23-11-2004 passed by 7th Joint Civil Judge (Jr. Dn.), Nagpur, rejecting application for permission to amend his application raising objection Under Section 47 of C. P. C. It appears that present respondent filed on 29-7-1998 a suit for recovery of possession under section 6 of Specific Relief Act against present petitioner. The respondent has stated that it is tenant in the premises of petitioner and it continued in peaceful and actual possession of said premises up to 20-7-1998. On that day they found that their locks on tenanted premises were broken and the respondent had taken forcible possession of suit premises and, their machinery installed in suit premises and other goods and raw material were found thrown in adjacent premises belonging to one Shri Pohane. After making police complaint, on or about 29-7-1998 the respondents filed Civil suit mentioned above for restoration of possession. The respondent also applied for grant of mandatory temporary injunctio

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