SHYAM MALI Vs. PAPITA BAI

JUDGEMENT

(1.) The petitioners/plaintiffs have filed the present petition under Article 227 of the Constitution of India being aggrieved by order dated 29.8.2018 whereby application filed under Order 6 Rule 17 of C.P.C. has been rejected.

(2.) Plaintiffs have filed the suit for declaration and permanent injunction on 12.12.2017. According to the plaintiffs, they are owner and in possession of the suit land and thus, they are entitled for mutation of their names in the revenue record as "Bhoomi Swami". They also sought the relief of permanent injunction that defendants No.1 to 3 be restrained to interfere into their peaceful possession.

(3.) After notice, defendants No.1 and 2 filed the written statement denying the possession of the plaintiffs at the time of filing of he suit. Defendant No.3 also filed the written statement specifically denying the possession of the plaintiff over the suit land. On the basis of pleadings, learned trial Court has framed as many as 12 issues for adjudication. Issue No.10 has been framed as to whether the suit is maintainable for want of relief of possession? The plaintiffs' evidence has been closed.