SUMITRA PARASHAR Vs. RAJ RANI

JUDGEMENT

(1.) This intra-court appeal impugns the order dated 24th January, 2014 of the learned Single Judge of this Court (exercising ordinary original civil jurisdiction in CS(OS) No.2154/2010 filed by the respondents) of allowing IA No.8419/2013 of the respondents / plaintiffs for amendment of the plaint. Notice of the appeal was issued and vide ad interim order dated 4th April, 2014 which continues to be in force, the operation of the impugned order was stayed. We have heard the counsel for the appellants / defendants and the senior counsel for the respondents / plaintiffs.

(2.) The two respondents / plaintiffs instituted the suit from which this appeal arises, (i) for recovery of possession of property No.53, Sector-12, Block-B, Dwarka, New Delhi ad measuring 334 sq. mtrs. together with mesne profits / damages for use and occupation from the date of institution of the suit till the date when the possession is handed over; (ii) for permanent injunction restraining the two defendants / appellants from raising any further construction on the suit property and/or selling, alienating, encumbering, disposing of or otherwise dealing with the said property; (iii) for permanent injunction restraining the appellants / defendants from misusing the original title documents of the said property; and, (iv) for mandatory injunction directing the appellants / defendants to deliver original documents of the property, pleading, (a) that the respondent/plaintiff No.2 Sh. Bhagwan Sharma and the appellant/defendant No.2 Sh. Ramphal Parasar are brothers, being the sons of Sh. Ramdhan Sharma; the respondent/plaintiff No.1 and the appellant/defendant No.1 are the wives of respondent/plaintiff No.2 and appellant/defendant No.2 respectively;

(3.) Needless to state the appellants / defendants contested the suit by filing written statement, on the grounds: