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2012 Supreme(P&H) 325

L.N.MITTAL
Prem Singh – Appellant
Versus
Harpal Singh – Respondent


Advocates:
For the Petitioners:Mr. R.S. Tacoria, Advocate.
For the Respondents:Mr. Ashok Khubbar, Advocate.

JUDGMENT

Mr. L.N. Mittal, J.: (Oral) - Defendants have invoked the jurisdiction of this Court under Article 227 of Constitution of India by filing this revision petition impugning order dated 16.03.2010 Annexure P-3 passed by learned Civil Judge (Junior Division), Jagadhri thereby allowing application Annexure P-1 moved by plaintiffs/respondents for amendment of plaint.

2. In the original plaint, plaintiffs sought declaration that they are entitled to passage of two gathas width in western side of Khasra No.87//10/1 and also sought permanent injunction restraining the defendants from demolishing the said passage.

3. In amendment application Annexure P-1, the plaintiffs alleged that since there was no temporary injunction, the defendants taking benefit thereof demolished the disputed passage and included it in remaining part of Khasra No.87//10/1. Accordingly by amendment, the plaintiffs have also sought relief of mandatory injunction directing the defendants to restore the disputed passage.

4. Defendants by filing reply Annexure P-2 opposed the amendment application alleging that in their written statement dated 06.12.2006 itself, the defendants had alleged that there was no passag







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