JUDGMENT :

1. By this petition, petitioner has challenged the order dated 30.08.2021 passed by 2nd Jt. Civil Judge Senior Division, Nanded below Exh.118 in Special Civil Suit No.27 of 2020 allowing application filed by respondent nos.1 and 2 - original plaintiffs for amendment of the plaint under Order-VI, Rule-17 of the Code of Civil Procedure (hereinafter referred to as the ‘CPC’).

2. Plaintiff nos.1 and 2 are real brothers of defendant no.1. It is the case of plaintiffs that while obtaining lease in respect of the suit property by their father, defendant no.1 (plaintiffs’ brother) was minor and out of pure love and affection, their father added his name in the lease agreement. After their father passed away, series of litigation took place between defendant no.1 and defendant nos.5 to 11 over the suit property. Initially defendant nos.5 to 11 decided to sell the suit property. Plaintiffs alleged that defendants ought to have purchased the suit property jointly in the name of two plaintiffs and defendant no.1 as the original lease deed was obtained through funds of their father. Ho