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2009 Supreme(All) 3322

RAJES KUMAR
MUSTZAB KHAN – Appellant
Versus
SHRI ARVIND KUMAR MITTAL – Respondent


Advocates:
Counsel :
Arun K. Singh-I for the Petitioners; Shubham Agrawal for the Respondents.

Judgment

Hon’ble Rajes Kumar, J.—Heard learned counsel for the parties.

2. By means of the present petition the petitioners are challenging the order dated 23.9.2009, passed by the Additional District Judge, Court No. 1, Bijnor, by which the revision filed by the petitioners against the order of the Civil Judge (Sr. Divn.), Bijnor, in O.S. No. 591 of 2000 rejecting the application for the amendment in the written statement has been dismissed.

3. The brief facts of the case are that the respondents filed a suit No. 591 of 2000 for permanent injunction restraining the defendant petitioners from interfering with the peaceful possession of the plaintiff respondents. The claim of the petitioners was based on the sale deed executed in 1971 in respect of the property in dispute in their favour by the father of the petitioners. The petitioners filed written statement. It appears that the respondents have filed an application for mutation on 31.1.2008. The mutation application has been allowed ex parte. The petitioners moved an application for recalling of the order. The said application has been rejected, against which the petitioners filed a revision, which has also been rejected as not mai













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