ORDER

This petition is under Article 227 of the Constitution of India.

2. By the instant petition, the petitioners are challenging the validity of the order dated 10.07.2023 passed by the Additional Civil Judge, Junior Division, Garhakota, District Sagar in RCS-A No. 19/2019 whereby the application submitted by the respondents/plaintiffs under Order 6 Rule 17 of the Code of Civil Procedure has been allowed.

3. Learned counsel for the petitioners submitted that initially the respondents/plaintiffs filed the suit for permanent injunction. However, during pendency of the suit, after a long lapse of time, an application for amendment was moved seeking relief of possession and valuation thereof was also made. The amendment was also sought in the pleading saying that the petitioners/defendants have unauthorizedly occupied the disputed land and raised illegal construction over the said land i.e. 4 x 43 sq.ft. towards northern side of land No. 148 falling in Nazul Sheet No. 16-B and as such possession of the said land be handed over to the respondents/plaintiffs taking the same from the petitioners/defendants.

The relief was also accordingly sought to be modified.

4. Learn