RAFEEQ AHMED Vs. HAMEED AHMED KHAN

JUDGEMENT

(1.) The petitioner filed O.S. No.76 of 2002 against respondents 1 to 8, in the Court of Junior Civil Judge, at Godavarikhani. The 1st respondent is his brother, and respondents 2 to 8 are said to be the tenants. The petitioner claimed the relief of partition against the 1st respondent, and the relief of perpetual injunction against respondents 2 to 8, restraining them from alienating the suit schedule property. The 1st respondent remained ex parte. In their written-statement, respondents 2 to 8 pleaded that they purchased the suit schedule property from the maternal grand-motherof the petitioner.

(2.) Petitioner filed I.A. No.179 of 2003 under Order 6 Rule 17 C.P.C.,with a prayer to permit him to amend the plaint, to add the relief of declaration of title and recovery of possession against the respondents 2 to 8. The trial Court dismissed the I.A., through order dated 31-7-2003. Hence, this C.R.P.

(3.) Heard the learned counsel for the petitioner and learned counsel for respondents 2 to 8.