LAWS(MPH)-2024-5-217

NASEEM AHMAD QURESHI Vs. ZAHIDA BEGAM

Decided On May 10, 2024
Naseem Ahmad Qureshi Appellant
V/S
ZAHIDA BEGAM Respondents

JUDGEMENT

(1.) This petition under Article 227 of Constitution of India has been filed seeking following relief(s):-

(2.) It is submitted by counsel for petitioner that petitioner has filed a suit for partition and permanent injunction. Defendants No.2 to 6, 8, 9, 19 and 20 filed their written statement. In paragraph 2, it was alleged that certain lands mentioned in said para have not been included in the Civil Suit, whereas they are also the disputed property. Accordingly, petitioner moved an application for amendment thereby including the properties mentioned in paragraph 2 of the written statement of aforesaid defendants and also prayed that sale-deeds executed in favour of defendants No.17 to 24, 26 and 27 be declared as null and void and their mutation be also set aside.

(3.) By the impugned order, Trial Court has rejected the application filed under Order 6 Rule 17 of CPC on the ground that it would change the nature of the suit.