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2008 Supreme(Raj) 643

DINESH MAHESHWARI
Laxman Singh – Appellant
Versus
Civil Judge (J. D. ), Deogarh – Respondent


Advocates Appeared:
Sandeep Shah, for Petitioners; Sandeep Sarupariya, for Respondent No.2

Honble MAHESHWARI, J.–This writ petition is directed against the order dated 06.01.2007 (Annex.5) passed by the Civil Judge (Junior Division), Deogarh (Rajsamand) in Civil Suit No. 2/2004 rejecting the application for amendment of the written statement as moved by the defendants-petitioners.

(2). Briefly put, the background facts and relevant aspect are that the plaintiff Kishan Singh (respondent No.2) and the defendant No.1 Laxman Singh (petitioner No.1) are bothers; the defendant No.2 Deepak (petitioner No.3) is the son of defendant No.1; and the defendant No.3 Smt.Kamla (petitioner No.2) is the wife of the defendant No.1. By way of the present suit, as filed on 01.05.2004 against the defendants Nos.1 and 2, the plaintiff has sought perpetual injunction with the averments, inter alia, that a 30 x 45 plot of land as described in paragraph 1 of the plaint is of his ownership and has been in his possession ever since it was allotted to him by Gram Panchayat, Lasani on 30.11.1975; that after leaving a way in between, towards eastern side of the aforesaid plot is situated another piece of land as mentioned in paragraph 2 of the plaint that was allotted to the father of the plaintiff by






























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