JOSIL REALTY Vs. HITESHBHAI DINESHCHANDRA MAKWANA

JUDGEMENT

(1.) The present group of petitions are filed under Article 227 of the Constitution of India, raising similar issue of facts and law. As a result of this, upon request of the learned advocate, all the 3 petitions are taken up together and dealt with by present common order, by treating Special Civil Application No.11601 of 2019 as a lead matter.

(2.) So far as SCA No.11601 of 2019 is concerned, the same is filed challenging the legality and validity of an order dated 7.5.2019 passed below Exh.47 in Civil Suit No.310 of 2006, whereby a request for seeking amendment came to be refused by a detailed order, as stated above.

(3.) Insofar as SCA No.11601 of 2019 is concerned, which is a lead matter, the facts, in brief, are that present petitioner - plaintiff instituted the Civil Suit No.310 of 2006 against the respondent - defendant for seeking declaration and injunction essentially to the effect that respondent had illegally entered in the property being Flat No.25/B, Gokulnagar, Amraiwadi, Ahmedabad which is owned by the plaintiff and by breaking open the lock, the possession is taken away. Hence, the suit came to be filed being Civil Suit No.310 of 2006.