NEENA KOHLI Vs. MOHAN SINGH

JUDGEMENT

(1.) Heard Shri Neeraj Garg, Advocate for the petitioners and Shri Sagar Kothari, Advocate for the respondent.

(2.) Petitioners, being the plaintiffs in Original Suit No. 260 of 2016, have assailed the order dtd. 28/9/2019 passed by 8thAddl. District Judge, Dehradun in Civil Revision No. 73 of 2019 setting aside the order passed by 3rdAddl. Civil Judge (SD), Dehradun rejecting the application for amendment in the counter claim filed by the defendant - respondent, herein.

(3.) The facts of the case are as follows: the plaintiffs - petitioners, herein, instituted an Original Suit No. 260 of 2016 before the learned Civil Judge (SD), Dehradun seeking a decree of permanent prohibitory injunction against the defendant - respondent, herein. Plaintiffs claimed that suit land was bequest to them by Shri Amarnath Kohli by virtue of registered WILL dtd. 28/8/2006 and he died on 19/6/2012. It is further alleged that the plaintiffs are in possession of the property. One day, defendant and his associates came to the property and created disturbance and threatened them to vacate the property. On 13/5/2016, the defendant after putting his appearance in the case, filed his written statement along with counterclaim denying the averments of the plaint and contended that an agreement to sell was executed in favour of the defendant by Shri Amarnath Kohli on 4/4/2012 and he paid a part of the amount, as earnest money and he claimed to be in possession of the land. On 30/5/2016, learned Civil Judge (SD), Dehradun, allowed the application of the plaintiffs for temporary injunction against the defendant holding that prima facie, plaintiffs have proved their possession over the property, in question. On 17/9/2016, the Civil Judge (SD), Dehradun framed issues in the aforesaid suit and it was fixed for hearing on 18/10/2016.