JUDGMENT :

1. By this petition, petitioner (Orig. defendant no.2) has challenged the order dated 17.08.2022 passed by Jt. Civil Judge Junior Division, Newasa below Exh.18 in Regular Civil Suit No.969 of 2017 allowing application filed by plaintiff (respondent no.1 herein) for amendment of the plaint.

2. The suit is filed by plaintiff seeking partition of the suit property and other related reliefs. In the plaint, the averments were made to the effect that plaintiff is in possession of the suit property. Defendant no.2 filed written-statement denying the contentions of plaintiff about possession and claimed that defendant no.2 is in possession of the suit property. Before commencement of the trial, the application for amendment was moved to delete all the averments relating to plaintiff’s possession of the suit property. Prayer relating to mesne profit during pendency of the suit was also sought to be added. By order dated 17.08.2022, the amendment has been allowed. Petitioner, who is defendant no.2 in the suit, is aggrieved by the order allowing amendment and has challenged the same in the present petition.

3. Mr. Pathan, the learned counsel for petitioner submits that the averment