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2014 Supreme(All) 2027

SUNEET KUMAR
Anand Kumar – Appellant
Versus
Prem Chandra – Respondent


Advocates Appeared:
For the Petitioner:Ashutosh Srivastava and Pradeep Kumar, Advocates
For the Respondent:P.K. Dubey, K. Ajit and S. Niranjan, Advocates

JUDGMENT :

Suneet Kumar, J.

Heard Shri Ashutosh Srivastava, learned counsel for the petitioners as well as Shri K. Ajit assisted by Sri Arvind Srivastava, learned counsel for the respondents.

2. The defendant petitioners have approached this Court challenging the order dated 24.02.2009 passed by the Additional District Judge, Court No. 2, Jaunpur in Civil Revision No. 179 of 2007 setting aside the order dated 10.10.2007 passed by the court of first instance allowing the petitioners' application for amendment of the written statement.

3. The plaintiff/respondent Nos. 1 and 2 filed Suit No. 426 of 1987 for permanent injunction restraining the petitioners and other defendant from interfering in the possession and enjoyment of the suit property as shown in the plaint map. The parties are related to each other and suit property was partitioned amongst the ancestors of the parties by mutual consent, the defendants began to interfere in the land that fell in the share of the plaintiffs and hence the suit.

4. The petitioners who were defendant nos. 2 and 3 in the aforesaid suit filed their written statement denying the allegations in the plaint. Subsequently, the written statement was sought to
























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