FRIENDS SCHOOL GOVERNING BOARD, INDIA Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) They are heard.

(2.) By the order impugned, learned trial Judge allowed the counter claim filed by the respondent no.1 after the issues were framed and the case was set down for hearing.

(3.) The petitioner is the plaintiff. Petitioner filed a suit for permanent injunction to restrain the respondent no.1 from interfering with the suit property as described in the plaint situated in Deshbandhupura, Itarsi. After service of summons, respondent no.1 filed its written-statement denying the plaint allegations. On the basis of pleadings of parties, trial Court framed issues on 7.12.2010 and set down the case for recording evidence. Plaintiff by way of evidence filed affidavit in chief. Thereafter the respondent no.1 filed an application for amendment in the written-statement so as to seek declaration of title by way of counter claim on the basis of adverse possession in favour of respondent no.1.