JUDGMENT :

N.B. Suryawanshi, J.

1. Present petition is filed by the Original Defendant No. 2 challenging the order below (Exhibit 77) passed by the learned trial Court thereby allowing amendment application filed by the plaintiff/respondent No. 1.

2. Facts in nut-shell leading to this petition are as follows:-

The plaintiff/respondent No. 1 instituted Special Civil Suit No. 794/2012 seeking declaration that the power of attorney dated 08.04.2008 executed by the plaintiff in favour of the defendant, appended with sale-deeds dated 28.12.2010 and 14.10.2011 is fraudulent, shame, bogus and cancel the same. A declaration that both the sale-deeds are executed by defendant No. 1 in favour of the defendant No. 2 are void-ab-initio and were created by using forged power of attorney. The suit was resisted by the defendant No. 1 by filing written statement. During the pendency of the suit, on 11.4.2013 a Memorandum of Understanding (for short "MOU"), was entered into between the plaintiffs and the defendants. On the basis of the said MOU, the defendant No. 1 filed application Exhibit 26 for bringing the MOU on record, and for passing decree in terms of the MOU. The original defendant No. 2/petiti