The captioned writ petition is filed questioning

the order of the learned Judge passed on I.A.No.4

filed by defendant No.2 under Order 26 Rule 9 read

with Section 151 of Civil Procedure Code.

2. The present petitioner - plaintiff has instituted

a bare suit for injunction in O.S.No.524/2022. The

petitioner

has

alleged

that

the

respondents

-

defendants attempted to encroach over the suit

property. On receipt of summons, the respondents -

defendants have tendered appearance and have filed

written statement, thereby have stoutly denied the

entire averments made in the plaint. The respondents

3

- defendants have also set up a counter claim seeking

relief of perpetual injunction against the present

petitioner - plaintiff. The respondents - defendants

contended that the suit schedule property is not at all

in existence and the said contention is specifically

raised in the written statement. The defendants

apprehension is that the plaintiff under the garb of

asserting possessory rights is directly laying a false

claim over the defendants property i.e., site No.307.

It is in this background, the respondents - defendants

were compelled to file present application in I.A.No.4

seeking app