RAM PHAL Vs. SEHDEV AND ORS

JUDGEMENT

(1.) Present petition is filed challenging the order dated 27.03.2009 passed by the learned Civil Judge (Senior Division), Panipat, whereby application seeking amendment in the plaint incorporating the plea of possession was allowed.

(2.) Undisputedly, Plaintiffs initially filed suit for permanent prohibitory injunction against the Defendants. During the pendency of the suit, in compliance with the order passed by the learned Executing Magistrate, under Section 145 Cr.P.C., possession was delivered to Defendant No. 3, hence, Plaintiffs have moved an application seeking amendment in the plaint to add the relief for possession, which was allowed by the learned Trial Court.

(3.) Undisputedly, possession was handed over to Defendant No. 3 in a proceedings under Section 145 Code of Criminal Procedure, hence, in the opinion of this Court, Plaintiffs have every right to ask for the relief for possession, which was rightly allowed by the Trial Court.