1. Rule. Rule returnable forthwith. The petition is taken up for final hearing immediately.

2. This petition is filed challenging the impugned order dated 25.11.2008 passed by the learned C.J.S.D. Shrigonda, below Exh.26 in R.C.S. No. 296 of 2001, thereby rejecting the application filed by the petitioner for amendment of written statement.

3. It is the case of the petitioner that on 31.10.2001, the respondent herein, who is original plaintiff instituted R.C.S. No. 296 of 2001 for mandatory injunction that the construction of the respondent in the suit property i.e. Gat No. 26/01 (old Gat No. 26) be demolished and the possession of the open plot be delivered to the petitioner.

On 13.9.2002, the petitioner filed written statement below Exh. 14 denying the contentions raised by the respondent contending that the petitioner owns and possesses 32 Are land in Gat No.25 towards the south east corner. It is also contended that the petitioner carries on business of hotel in the said land since last ten years. It is further contended that the petitioner has never raised any construction over the suit property and has prayed for dismissal of the suit.

On 10.10.2008, the present pe