Hon'ble Rohit Ranjan Agarwal,J.

1. Heard Sri Arvind Srivastava, learned counsel for the petitioners and Ms. Pooja Agarwal, learned counsel for the plaintiffs-respondents.

2. Through this writ petition, a challenge has been laid to the order dated 28.11.2024 passed by the Additional District Judge, Court No.21, Kanpur Nagar in Civil Appeal No.57 of 2018, whereby the application filed under Order 14 Rule 5 CPC for framing of two additional issues, at the appellate stage, stands rejected.

3. Facts, in brief, are that the plaintiffs-respondents had filed Original Suit No.1393 of 1998 for permanent injunction against the defendants-petitioners. In the aforesaid suit, the petitioners filed their written statement, wherein in paragraphs 1 and 2, it was categorically averred that initial partition has taken between the parties, and they are in possession of Arazi No.298, 299 and 300 along with which, a boundary wall has been constructed. In para 5, it was stated that there is no Arazi No.300/2 on site.

4. Further, in para 13 of the additional pleas, it was stated that after the partition had taken place, the parties are in possession of their respective areas. The trial Court had framed the fo