MAHENDER Vs. GOVERNMENT OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against the order dtd. 14/10/2022 passed by Additional Civil Judge (Sr.Divn.), Bhiwani vide which, she had dismissed application seeking amendment of written statement and for filing of counter-claim.

(2.) The revisionists in this case are Mahender and Hawa Singh, who along with Government of Haryana and Gram Panchayat, Mundhal Kalan are defendants in the civil suit filed by the plaintiffs Krishna Kumar and Harender against them.

(3.) Briefly stated, facts of the case are that plaintiffs had brought a Civil Suit bearing No.1094 dtd. 17/8/2016 seeking a decree of mandatory injunction directing defendants No.3 and 4 (revisionists herein) to remove the illegal construction over the land situated at village Mundhal Kalan, Tehsil and District Bhiwani and to hand over the vacant possession thereof to defendants No.1 and 2 i.e. Government of Haryana and Gram Panchayat, Mundhal Kalan, respectively. According to the plaintiffs, the site in unauthorized possession of the revisionists/defendants falls within ABADI DEH of the village and they are threatening to raise further construction therein and to change its nature.