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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Satyen Vaidya, J
Sushil Chauhan – Appellant
Versus
Ankush – Respondent
JUDGMENT :
Satyen Vaidya, J.
1. By way of instant petition, petitioner has assailed order dated 07.05.2024, passed by learned Civil Judge, Chopal, District Shimla, H.P., in Case No. 26 of 2020, tilted as Ankush Vs. Sushil Chauhan, whereby two separate applications of the petitioner herein under Order 6 Rule 17 of the Code of Civil Procedure, for amendment of written statement and under Order 14 Rule 5 of the Code of Civil Procedure, for amendment of issues, have been dismissed by a common order.
2. Petitioner herein is the defendant before learned Trial Court. Respondent herein (plaintiff) has filed a suit for permanent prohibitory and mandatory inunctions against the defendant on the premise that the plaintiff alongwith other co-owners, is recorded as joint owner in possession of land comprised in Khata Khatouni No. 2/2 Kita 1, Khasra No.469 measuring 0-01-57 Hectare, in Mohal Gorli Patwar Circle Maraog Tehsil Chopal, District Shimla, H.P. (for short “suit land”) and the defendant with help of his associates had started construction of road to village Gorli and in such process has started damaging the suit land not only by throwing debris thereon but by its excavation also.
3. Defenda
The court affirmed that amendments to pleadings post-trial commencement are not permitted unless due diligence is shown, emphasizing the restrictive nature of supervisory jurisdiction under Article 2....
To secure a permanent injunction regarding immovable property, the plaintiff must adequately plead and prove distinct rights and clearly identify the property in question.
Co-owner not entitled to injunction against another's construction on joint land unless proved to amount to ouster or detriment to rights; requires evidence beyond sole testimony, mere jointness insu....
Point of Law : Exercise of power under this article involves a duty on the High Court to keep inferior courts and tribunals within the bounds of their authority and to see that they do the duty expec....
Section 36 of Specific Relief Act vests Court with power to grant injunction at its discretion.
Point of Law : Principles applicable to amendments of plaint are equally applicable to amendments of written statements.
Establishing easementary rights necessitates granting a permanent injunction to prevent multiplicity of proceedings.
The plaintiff, having established easementary right, was entitled to consequential relief of permanent injunction to prevent a multiplicity of judicial proceedings.
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