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2023 Supreme(P&H) 1553

VIKRAM AGGARWAL
Munshi Ram – Appellant
Versus
Rakesh – Respondent


Advocates appeared:
For the Parties : Mr. Sukhandeep Singh, Ms. Deepika Sood

Judgment

Mr. Vikram Aggarwal, J.:- The present revision petition, preferred under Article 227 of the Constitution of India, assails the order dated 26.07.2013 (Annexure P-6), passed by the Court of Civil Judge (Junior Division), Nuh vide which the application filed by respondent-defendant No.3 Naval Singh for amendment of written statement was allowed.

2. The petitioner-plaintiff filed a suit for possession with consequential relief of permanent injunction. The petitioner-plaintiff and respondents-defendants No.4 to 6 are real brothers and oral family settlement was pleaded amongst the brothers. The case set up was that the land comprised in Khasra No.28 had fallen to the share of the petitionerplaintiff and the land comprised in Khasra No.86 had fallen to the share of respondents-defendants No.4 to 6. The land comprised in Khasra No.28 measured 17 marlas (hereinafter referred to as ‘the disputed land’). It was alleged that the respondents-defendants No.1 to 3 were threatening to take forcible possession of the disputed land. During the pendency of a previously instituted suit by the son of the petitioner-plaintiff, the respondents-defendants No.1 to 3 had taken forcible possession

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