ANWARALI Vs. MOHAMMED IQBAL

JUDGEMENT

(1.) The rejection of the application filed by the plaintiff requesting the Trial Court to exclude the counter claim made by the defendant is questioned in this writ petition.

(2.) The petitioner had filed a suit for injunction and in the said suit, a counter claim was filed by the defendant for recovery of possession and mesne profit contending that the plaintiff was in permissive possession. Since the claim of the plaintiff and defendant related to the very same property, the Trial Court has come to the conclusion that the application to exclude the counter claim was misconceived and has rejected the same.

(3.) In my view, the order passed by the Trial Court is just and proper and does not call for any interference. The writ petition is therefore dismissed.