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2023 Supreme(P&H) 1258

ALKA SARIN
Buta Singh – Appellant
Versus
Basant Singh – Respondent


Advocates appeared:
Mr. Ashish Gupta, Advocate for the petitioners.
Mr. N.K. Manchanda, Advocate for the respondent.

ALKA SARIN, J.

1. The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 23.05.2019 (Annexure P-9) dismissing the application for amendment of the plaint.

2. The brief facts relevant to the present lis are that the plaintiff-petitioners claimed that they are owners in possession of one house measuring 18 ½ marlas which was purchased by them vide sale deed dated 18.01.2019 for an amount of Rs.10,25,010/-. It was further claimed that the house has a common passage/rasta measuring 12' x 50'. On the left side of the rasta is the house of defendant-respondent. It was pleaded that the defendant-respondent tried to forcibly block the rasta and hence a suit for permanent injunction was filed on 09.01.2019. After the filing of the suit, a wall was erected. After the erection of the wall by the defendant-respondent, complaints (Annexure P3 and P4) were sent to the authorities qua the encroachment on the public path. Subsequently, prior to the filing of the written statement, an application for amendment of the plaint was filed for converting the suit into one for mandatory injunction in view of the fact that after the filing of t

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