1. The petitioner, through the medium of the present petition, has challenged order dated 14.08.2026 passed by the learned Sub Judge (Special Mobile Magistrate), Udhampur (hereinafter referred to as the “trial Court”), whereby the application filed by the respondent/plaintiff seeking amendment of the plaint has been allowed.

2. It appears that the respondent/plaintiff had filed a suit against the petitioner/defendant before the trial Court, seeking a decree of permanent prohibitory injunction restraining the defendant from interfering with his land measuring 04 kanals and 04 marlas, comprised in Khasra Nos. 1205 and 1204, situated at Village Jib, Tehsil and District Udhampur. In the plaint, the plaintiff has claimed that he is one of the co-owners and co-sharers of the suit land and that, by way of a private arrangement arrived at with the consent of all the other co-owners, the land has been adjusted, separated and partitioned for the purposes of its use, enjoyment and cultivation. According to the plaintiff, he has constructed a residential house on the portion of the suit land which has fallen to his exclusive share.

3. It has been pleaded that the defendant purchased a portion of the land adjacent to the suit land from one of the co-owners and co-sharers of the plaintiff and that he intends to annex a portion of the suit land adjacent to the land comprised in Khasra Nos. 1206 and 1207. It has further been pleaded that the land belonging to the defendant is situated on the northern side of the suit land. According to the plaintiff, the defendant fixed certain points/marks indicating the alignment of the boundary wall he intended to raise on his land, and the said marks cover a portion of the suit land as well. When the defendant was asked to refrain from interfering with the suit land, he threatened to raise the boundary wall according to his own choice and started digging its foundation.

4. The defendant filed his written statement, wherein he claimed that he had purchased land measuring 02 kanals and 18 marlas comprised in Khasra No. 1206 and land measuring 03 kanals comprised in Khasra No. 1207 min and he has been in lawful ownership and possession thereof for the last 50 years. It has been further submitted that the defendant has already covered the land which is in his exclusive and lawful possession, he has constructed a residential house thereon and now he intends to construct a boundary wall over his land, but the plaintiff has raised a baseless claim. It has also been submitted that the land owned and possessed by the defendant has been purchased by him from one of the co-sharers of the plaintiff and that he has no intention of encroaching upon any portion of the land which has fallen to the plaintiff’s share.

5. It appears that the defendant moved an application before the trial Court seeking appointment of a Local Commissioner for conducting spot inspection of the disputed site. The application was allowed, and the Commissioner, viz the Tehsildar, Udhampur, conducted the spot inspection through the revenue officials and submitted his report. As per the said report, encroachment of 16 marlas of land out of Khasra No. 1204 and 01 kanal and 04 marlas of land out of Khasra No. 1205 was found.

6. Upon receipt of the Commissioner’s report, the respondent/plaintiff moved an application seeking amendment of the plaint so as to claim restoration of possession of 16 marlas out of the total land measuring 01 kanal and 11 marlas comprised in Khasra No. 1204 and 01 kanal and 04 marlas out of the total land measuring 02 kanals and 13 marlas comprised in Khasra No. 1205. The said application was resisted by the petitioner/defendant by