1. Heard learned counsels for the petitioners and respondents.

2. Rule.

3. Rule is made returnable forthwith with the consent of parties and the petition is taken up for final hearing.

4. By this petition, filed under Article 227 of the Constitution of India, the petitioners are challenging the order dated 30th August, 2017, passed by 5th Joint Civil Judge, Junior Division, Ichalkarani, thereby allowing the respondents' application filed under Order VI rule 17 of Code of Civil Procedure, seeking permission to amend the plaint.

5. The petitioners herein are the original defendants. Respondents have filed a suit for declaration that they are the owners of the suit property and also for injunction restraining the petitioners from creating third party interests therein. The suit was filed on the basis of an agreement of sale dated 18.5.1998, executed by the petitioners in favour of respondents. A specific pleading was made in the plaint that as the petitioners were creating third party rights in the suit property, it has become necessary for the respondents to file suit, seeking injunction and declaration over the suit property and restraining the petitioners from creating third