MUNNA LAL Vs. RAM SAGAR AND OTHERS

JUDGEMENT

(1.) I have heard learned counsel for the parties and have perused the record.

(2.) The petitioner who is the plaintiff in Regular Suit No. 1022 of 2001 has filed this writ petition under Article 227 of the Constitution of India for setting aside the judgment and order dated 30.9.2015, passed by the Additional District Judge, Gonda in Revision No. 206 of 2014, and the order dated 25.9.2014, passed by the Additional Civil Judge (Junior Division), Gonda in Regular Suit No. 1022 of 2001.

(3.) The facts in brief are that the plaintiff filed a suit for permanent injunction against the respondents with the allegation that the respondents had no concern with land in question. The respondents when threatened to demolish the structure existing on the disputed land, the necessity for the suit arose and the suit was filed for restraining the respondents not to raise any construction over Abadi Sehan land of the petitioner." The learned trial court on 30.5.2001 issued temporary injunction restraining the respondents not to demolish standing structure and maintain status-quo." The respondents violated the order of injunction and" constructed boundary wall of 4 feet height over the land in dispute." The disputed land was inspected by the commission issued by the court and as per the report dated 30.7.2001, the wall was constructed." According to the petitioner, since it was a subsequent development therefore, he sought amendment in the plaint by adding relief of mandatory injunction and also incorporating the same, that during pendency of the suit, the respondents flouted the order of the Court and raised construction over the land." The amendment application of the petitioner was opposed by the respondents and the learned trial court by the impugned order dated 25.9.2014 rejected the application on the ground of delay." It was also observed by the trial court that by amendment, the nature of the suit would be changed."