Rule. With the consent of the parties, made returnable forthwith and heard.

2. The above petition takes exception to the order dated 1.4.2010 passed by the learned Civil Judge, Junior Division, Patur by which order the application for amendment of the plaint filed by the petitioner herein came to be rejected.

3. The petitioner is the original plaintiff who has filed Regular Civil Suit for permanent injunction. It is the claim of the petitioner that he is the owner and in possession of the agricultural field bearing Survey No.17/3 admeasuring I H 20R plus OH.82 R totaling to 2H 2R situated at Andhar Sangvi, Tq.Patur, Dist. Akola. The petitioner claims ownership by virtue of the registered sale deed dated 30.12.1976 from one Anandrao Napte.

4. The respondent herein has filed his written statement and denied that the petitioner is the owner of 39R from the suit field. It is the claim of the respondent that she has purchased 39 R from the suit field from Anandrao Napte. In the said suit, an application for temporary injunction came to be tiled by the petitioner which came to be rejected by the trial Court by order dated 23.10.2008 against which an appeal came to be filed by the pe