1. Rule. Rule made returnable forthwith. With the consent of the parties, petition is taken up for final hearing at the admission stage.

2. The petitioner/original decree holder has filed an application at Exh.125 before the Executing court seeking amendment in Regular Darkhast No.02/2004. The learned Civil Judge, Jr. Division, Purna, by its impugned order dated 31.07.2012 rejected the said application. Hence, this writ petition.

3. Brief facts giving rise to the present writ petition, are as under :-

The petitioners are the legal representatives of the original plaintiff in Regular Civil Suit No.12/1997 (old R.C.S. No.234/1989). The said suit was instituted for recovery of possession and decree of perpetual injunction against the respondent/original defendant Municipal Council, Purna in respect of the suit property.

4. The trial court, by its judgment and order dated 15.1.2003, partly decreed the suit and thereby directed the Respondent/original defendant to hand over the possession of the land admeasuring 63R out of the land S.No.16 situated at Purna, Tq. Purna, District Parbhani to the plaintiff and further restrained the defendant Municipal Council, Purna, from using the ro