Shri Narayan Shukla,J.:-

Heard Mr.Mohd. Arif Khan, learned Senior Advocate assisted by Mr.Mohd.Adil Khan, learned counsel for the petitioner and Mr.S.K.Mehrotra, learned counsel for the opposite party No.3.

2. The petitioner has challenged the order dated 3rd of July, 2009, passed by the District Judge, Faizabad, whereby the application for amendment of the written statement filed by the opposite party No.3 has been allowed.

3. The petitioner filed a suit for declaration to be the sole owner of the property in dispute and further for mandatory injunction to remove the possession of the opposite party No.3 from the property in dispute. During the course of trial of the suit the opposite party No.3 moved an application for amendment of the written statement, which was rejected. Then he filed revision against the order passed on the application, which was also dismissed. Then the opposite party No.3 preferred a writ petition bearing writ petition No.530 of 2007 (MS), which was disposed of with the direction to amend the written statement. The petitioner was permitted to file reply of such an amendment and the trial court was directed to frame necessary issues. Accordingly the trial court

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