(1.) Heard learned Counsel for the petitioners and the respondents. Rule, returnable forthwith and decided finally with the consent of the Counsel.
(2.) This writ petition challenges the order passed by the trial Court, whereby the learned trial Court rejected the application filed by the defendants for framing additional issues at the stage of arguments.
(3.) The plaintiffs had filed the suit seeking perpetual injunction restraining the defendants from interfering with the suit property and the fencing constructed by the plaintiffs. It is undisputed fact that the suit property belongs to the plaintiff and he has put up fencing for protection of the suit property. The cause of action for filing the suit arose in the month of May, 1998 as referred in para (4) of the plaint as the defendants started forcibly trespassing into the suit property with malicious intention and damaged the entire fencing, and removed the wire mesh which was put by the plaintiff to the said fencing.