situated at Mouje Khairewadi, Tal. Shirur, Dist-Pune. The Petitioners i.e. original Plaintiffs are in Appeal against the said order and have filed Regular Civil Appeal No.596 of 2012. It is in the said Appeal that the instant application for amendment of the plaint came to be filed on 24.04.2014 seeking to amend the plaint so as to incorporate a prayer for declaration of ownership. The Trial Court has rejected the application on the ground that the Plaintiffs have not stated the reasons as to why they could not bring the application for amendment before the commencement of the trial in the suit and accordingly rejected the said application by the impugned order dated 09.11.2014. As indicated above, the suit has been filed for simplicitor injunction, which has been dismissed. However, the counterclaim filed by the Defendants in respect of 1 Hector 33 Ares has been decreed. Hence, apart from the fact that the amendment is sought at the appellate stage that to long after Appeal was filed in the year 2012. It is also required to be noted that if the amendment is allowed, the nature of the suit would change from that of one being for injunction to that of one being for declaration of title of ownership and injunction and that to at the appellate stage, which is impermissible. The Learned Counsel appearing on behalf of the Petitioners i.e. original Plaintiffs Shri. Chaitanya Nikte seeks to rely upon the judgment of the Apex Court reported in AIR 2004 SC 4102 in the matter of Pankaja and another Vs.
