JUDGMENT :

1. Heard Shri Divakar Rai Sharma, learned counsel for the defendant-petitioners and Shri G.K. Singh, learned Senior Advocate assisted by Shri Shekhar Gangal, learned counsel for the plaintiff-respondent no.1.

2. This petition has been filed by the defendants of Original Suit No. 155 of 2009 for setting aside the order dated 6.3.2023 passed by the Additional District Judge, Court No. 1, Aligarh in Civil Appeal No. 2 of 2020 (Toni Agarwal Vs. Ramzani and others). Further relief sought is to direct the concerned court to allow the application Paper No. 29 d under Order 6 Rule 17 read with Section 151 of C.P.C. for amending the written statement.

3. It stated that Original Suit No. 155 of 2009 was filed by the plaintiff-respondent seeking permanent prohibitory injunction against the defendant-petitioner as well as the defendant-respondent. It is stated that another suit bearing Original Suit No. 185 of 2009 was filed by the defendant-petitioners and the defendant-respondent against the plaintiff-respondents seeking cancellation of a sale deed. It is stated that both the aforesaid suits were clubbed together and adjudicated by the Civil Judge (Senior Division), Khair, Aligarh an