ANENDRA SINGH Vs. RAM KISHAN

JUDGEMENT

(1.) Heard Sri Devesh Kumar Verma, learned counsel for the petitioner and Sri Ajai Singh Kushwaha, learned counsel for the respondents.

(2.) This petition has been filed challenging the order dtd. 23/2/2024 passed by the trial court i.e. Additional Civil Judge (Senior Division) Court No. 8, Farrukhabad, rejecting an application for amendment filed by the plaintiff-petitioner in the suit. Against the order dtd. 23/2/2024, a revision was filed by the petitioner and the same has also been dismissed.

(3.) Brief facts of the case are that a suit for declaration was instituted on 29/5/2015, claiming ownership of the property in dispute on the basis of Will executed by the original owner of the property in dispute in favour of the petitioner. During pendency of the suit, an amendment application was filed by the petitioner, who was the plaintiff before the court below, in May, 2022 with the allegation that during the pendency of the suit in June, 2019, the defendants have taken forcible possession of the property in dispute and therefore, the decree of possession may also be passed in favor of the plaintiff-petitioner. The said application was opposed by the defendants and was ultimately dismissed by the trial court. Revision filed against the said order has also been dismissed.