( 1 ) RULE. Mr. Chinmay M. Gandhi, learned Counsel waives service of notice of rule on behalf of the respondent. This petition has been preferred invoking the provisions of Articles 226 and 227 of the Constitution of India, inter alia with a prayer to quash and set aside order dated 02. 12. 2008. passed by the learned Additional Civil Judge, khambhat below application at exhibit-122 in Civil Suit No. 161 of 1994, whereby the said application for amendment of the plaint, has been rejected.

( 2 ) THE brief factual background of the case, necessary for the decision of the petition is that, the petitioners are the owners of the house numbered as 43-44, situated at Nagar Faliya Gam. which is running in their names, as per the revenue record and before them, in the names of their forefathers, since years together. According to the petitioners, they also have a 'vaada' (Enclosure) on the north-eastern side and a wall has been constructed on the four corners of the said enclosure.

2. 1 The case of the petitioners is that there is a common way for entering into the said enclosure, which is of the ownership of the concerned Gram panchayat and that the petitioners are usi