SUBIR BHATTACHARYA Vs. SEVOKE COMMOSALES LLP

JUDGEMENT

(1.) Being aggrieved by an order dtd. 23/2/2024 passed by learned Civil Judge (Junior Division) Jalpaiguri in Title Suit no. 102 of 2022, present application under Article 227 of the Constitution of India has been preferred. By the order impugned, learned court below has allowed plaintiff's application for amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure with cost of Rs.1000.00.

(2.) Petitioner herein contended that opposite party no. 1 as plaintiff filed aforesaid Title Suit no. 102 of 2022 inter alia with a prayer for confirmation of title, possession, declaration, injunction and consequential reliefs. Plaintiff purchased property in question by virtue of a registered deed and plaintiff's further case is since purchase plaintiff was in possession of the schedule mentioned suit property which is butted and bounded by boundary wall form all sides, along with gate. Plaintiff's further case is that his name has been recorded in the L.R Records of Rights

(3.) During pendency of the said suit plaintiff filed an application for amendment wherein he has stated that after disposal of Revisional Application being no. C.O. 68 of 2023, the defendants, during puja vacation on 10/11/2023 with the help of local antisocial elements, and after breaking open the padlock of the main entrance gate, put their padlock thereon and thereby they took forcible possession and control of the suit land, deliberately violating the order of status quo dtd. 19/4/2022. Plaintiff also prayed for incorporation of consequential reliefs in terms of alleged dispossession. The petitioner/defendant filed written objection against said prayer for amendment of plaint made by the plaintiff, contending that plaintiff was never in possession of the property and it is all along under defendant's possession.