PRADEEP MAHESHWARI Vs. VISHAL MAHESHWARI AND OTHERS

JUDGEMENT

(1.) The petitioner before this Court is a plaintiff of Suit No. 248 of 2011, Pradeep Maheshwari Vs. Kashinath Maheshwari, wherein, in the suit, which he has preferred against his brothers, he has sought a relief for declaration of the gift deed dated 18th August, 2010, as to be void and he has simultaneously sought a decree of permanent injunction restraining them not to evict the plaintiff from the possession of the property as well as not to interfere in his ingress and egress from the passage, in question.

(2.) While the notices were issued in the suit, the defendants had put in appearance and had filed their written statement alongwith the counter claim and in the counter claim, as preferred by defendant No. 2, he had sought a decree to the effect that the plaintiff may be evicted from the property occupied by him, which he has defined that the plaintiff was occupying the property in the capacity of being a licensee.

(3.) After the exchange of the pleadings, the suit was dismissed and, consequently, an appeal was preferred by the plaintiff petitioner before the Appellate Court on 15th August, 2015, challenging the judgment and decree dated 27th May, 2015. While, the appeal was pending consideration, the plaintiff/appellant filed an application for making an amendment in the pleadings consequent to the replication filed by the defendants/respondents. The amendment application, thus, preferred by the plaintiff appellant was allowed, the said order allowing the amendment, it remained unchallenged by the defendants.