1. Rule. Rule made returnable forthwith with the consent of the parties and heard.

2. This writ petition takes exception to the order dated 23rd July, 2013 passed by the District Court-5, Ahmednagar below application Exh. 61 in Regular Civil Appeal No.445of 2011.

3. The Petitioner herein is he original plaintiff and the Respondent Nos. 1 and 2 are the original defendants in Regular Civil Suit No. 179 of 2009 which is decided by the Civil Judge, Junior Division, Rahuri, District Ahmednagar by the judgment and order dated 21st October, 2011. Being aggrieved by the said judgment and order, the respondents herein filed Regular Civil Appeal No. 445 of 2011 before the District Court Ahmednagar. In the said Regular Civil Appeal, the Respondents herein filed an application Exh. 61 for amendment of written statement. By the impugned order dated 23rd July, 2013 the said application for amendment of the written statement has been allowed subject to costs of Rs.2000/- to be paid by the applicant to the non applicant. The matter is remanded back to the trial Court by the District Court with the direction to re-cast the issues on the amended written statement and after giving opportunity