HIGH COURT OF MADHYA PRADESH
Suman Devi – Appellant
Versus
Mahaveer Prashad – Respondent
ORDER
This petition under Article 226 of the Constitution of India has been filed seeking following reliefs:
A. That, the order passed by the trial Court annexure P/1 dated
05.10.2015 be quashed and the proposed amendment be allowed.
B. Cost of the petition may be awarded any other relief which the Hon'ble court thinks fit in the fact and circumstances of the case be granted.
It is submitted by the counsel for the petitioner that the petitioner and the respondent No.1 are real brother and sister. The petitioner has filed a suit for declaration of title and permanent injunction in respect of house No. 9 and 10 situated in Ward No.15, house No.36 situated in Ward No.12 and agricultural land bearing survey No.276 area 0.031 hectare situated in Chanderi. It is submitted that initially the suit was filed only for declaration of title and permanent injunction. The suit was filed in the year 2013 and defendants filed their written statement on 8.10.2013. Thereafter, on 20.8.2014 the petitioner took legal advice from other counsel, then she was informed that unless and until the consequential relief of partition and separate possession is not sought, the petitioner may not succeed in the suit a
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