JUGAL KISHORE Vs. AMBA THEATER, CHEEKA

JUDGEMENT

(1.) TERSELY , the facts & material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record are that, initially petitioners -plaintiffs -Jugal Kishore son of Raj Kishan and others(for brevity "the plaintiffs") have instituted the civil suit(Annexure P -1) for a decree of partition with a consequential relief of permanent injunction, restraining respondentdefendant - The Amba Theater, Cheeka, through Pardeep Kumar son of Naranjan Lal(for short "the defendant"), from demolishing the old building and raising any fresh construction over the suit property. The defendant contested the claim of the plaintiffs, filed the written statement (Annexure P -2), set -up a counter -claim in it, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(2.) THEREAFTER , the plaintiffs have moved an application (Annexure P -3) for permission to file replication to the written statement and reply to the counter -claim filed by the defendant. The defendant refuted the prayer of the plaintiffs, filed the reply(Annexure P -4), denied all the allegations contained in the application and prayed for its dismissal.

(3.) INITIALLY , the trial Court accepted the application and permitted the plaintiffs to place on record the replication, by means of order dated 25.04.2012(Annexure P -5). Subsequently, the trial Court refused to permit the plaintiffs to file reply to the counter -claim by way of impugned order dated 30.05.2012(Annexure P -6). Then, the plaintiffs moved an application(Annexure P -7) to review/recall the order(Annexure P -6). The defendant opposed the prayer of the plaintiffs and filed the reply(Annexure P -8).