LAWS(CAL)-2023-1-130

FAJLU MOMIN Vs. AFLATUN MOMIN

Decided On January 20, 2023
Fajlu Momin Appellant
V/S
Aflatun Momin Respondents

JUDGEMENT

(1.) In this application as filed under Article 227 of the Constitution of India, the order No. 69 dtd. 31/8/2018 as passed by the learned Civil Judge, (Senior Division) 2nd Court, Malda in Partition Suit No. 243 of 2008 is the subject matter of the challenge.

(2.) By the impugned order, learned trial court in a suit for permanent injunction and for partition has been pleased to allow the plaintiffs' amendment petition thereby permitted the plaintiffs to include certain averments in the plaint as well as the prayer for recovery of possession in the prayer portion of the said plaint by removing the prayer for permanent injunction.

(3.) The defendants felt aggrieved and thus preferred this instant revisional application.