MOHAMMAD AYYUB KHAN Vs. NAHRU GULAM RABBANI

JUDGEMENT

(1.) This miscellaneous petition under Article 227 of the Constitution of India has been filed by the petitioners/defendants No.5 & 6 being aggrieved by the impugned order dtd. 22/1/2020 passed by 4th Civil Judge, Senior Division, Mandsaur (M.P) in Civil Suit No.313A/2015, whereby the application under Order 6 Rule 17 CPC filed on behalf of the respondents No.1 & 2 /plaintiffs to incorporate the additional pleadings in the plaint regarding the sale of the suit property by defendant no.1 & 2/respondent no.3 and 4 to the petitioner/defendants No.5 and 6 and after-sale of that suit property (house), the petitioner/defendant No.5 & 6 and defendants No.1 & 2, levelled the suit house by demolishing it, and in that levelled land, the plaintiffs/respondents No.1 & 2 has the title, therefore, it is necessary to partition the suit land and relief of partition be allowed.

(2.) The brief facts of the case are that the respondents No.1 & 2/plaintiffs have filed a civil suit before the learned trial Court for declaration of their share in the suit property and permanent injunction against the defendants No.1 & 2 for not alienating the suit property without partition and consent of plaintiffs and to not deliver the possession to anyone and to pass mandatory injunction against defendants No.3 & 4 to restrain them from registration of sale deed of the suit property.

(3.) During the trial, the respondents No.1 and 2/plaintiffs have filed an application under Order 6 Rule 17 CPC to amend the plaint to the effect that during the pendency of the suit, the respondents No.1 & 2 have sold the suit property to respondents No.5 & 6 and executed the sale deed, and after execution of the sale deed, the defendants No.1 & 2 & 5 & 6 with an intent to destroy the title of the plaintiffs in the suit property, levelled the suit house by demolishing it. Therefore, it is necessary to partition the suit land on which the suit house was situated. The plaintiffs and the defendants No.1 & 2 or 5 and 6 have equal rights and share in the suit property.