SUNIL OTHERS Vs. JAI PRAKASH AND ANOTHER

JUDGEMENT

(1.) Aggrieved by order dated 19.4.2012, Annexure P/1 passed by the trial court, defendants have filed this revision petition under Article 227 of the Constitution of India to challenge the said order whereby application Annexure P/2 moved by respondents/plaintiffs for amendment of plaint has been allowed.

(2.) Plaintiffs have filed suit for permanent injunction restraining the defendants from creating charge by alienation in any manner and from raising construction in specific portion of land out of the joint suit land mentioned in the plaint and from changing nature of the suit land without partition thereof.

(3.) By way of amendment of plaint, the plaintiffs also want to seek relief of mandatory injunction directing the defendants to remove the illegal construction raised by them over part of the suit land adjacent to Abadi alleging that the said illegal construction of school building was raised over valuable part of the suit land in absence of the plaintiffs and the said construction is liable to be removed.