BANSHILAL AND OTHERS Vs. GHEESALAL

JUDGEMENT

(1.) THE petitioners have filed the present petition being aggrieved by order dtd. 7/9/2015 passed by Civil Judge, Class-I, Manasa, District Neemuch in COS No.34-A/2013 by which application seeking framing of additional issues has been rejected.

(2.) The plaintiffs/Respondents filed the suit for grant of permanent injunction in respect of the land Survey Nos.848, 1058 and 1068 recorded in their names in the revenue records. The plaintiffs have alleged that the petitioners/ defendants are trying to dispossess and trying for mutation of their names in the revenue records. The present petitioners filed the written-statement by submitting that the land Survey Nos.848 and 1068 is not a disputed land and the land Survey No.1058 does not belong to the plaintiff alone and they are in joint possession with plaintiff since 40-50 years on the basis of mutual family arrangement.

(3.) After filing the written-statement, the plaintiffs filed an application under Order VI Rule 17 of CPC. The said application was allowed. Thereafter the petitioners filed an application under Order XIV Rule 5 of CPC framing additional issues. The plaintiffs filed the reply opposing the additional issues and the learned Trial Court vide impugned order dtd. 7/9/2015 has rejected the application on the ground that the plaintiff has filed affidavits and the proposed issues are already covered under the issues already framed. Hence, the present petition before this Court.