- (1.) Rule, with the consent of the learned Counsel for the parties made returnable forthwith and heard.
(2.) The writ jurisdiction of this court is invoked against the order dated 23/4/2013 passed by the learned Ad hoc District Judge2 Solapur by which order the Application (Exhibit 15) for amendment of the Appeal being Civil Appeal No.325 of 2012 came to be allowed and resultantly, the Respondents herein were held entitled to amend the Appeal in terms of the amendment sought vide the said Application (Exhibit 15).
(3.) Shorn of unnecessary details, a few facts can be stated thus : The Petitioner herein is the original Plaintiff who had filed the suit in question being Special Civil Suit No.110 of 2005 for a declaration that the Petitioner is the owner of the entire suit property, and for cancellation of the sale deed executed by the Defendant No.2 i.e. the Respondent No.1 herein who is his daughter in favour of the Defendant No.4. i.e. the Respondent No.2 herein. In the said suit counter claims came to be filed by both the Defendant No.2 and the Defendant No.4. In so far as the Defendant No.2 is concerned, she claimed a declaration that she has got 1/4th share in the suit property, and in the alternative the suit property be partitioned. In so far as the Defendant No.4 is concerned, she sought the relief of partition of the suit property pursuant to the sale deed executed by the Defendant No.2 in her favour.;