BIR SINGH Vs. SOHAN SINGH

JUDGEMENT

(1.) This is a Civil Revision Petition filed under Article 227 of the Constitution of India praying for setting aside the impugned order dtd. 20/2/2025 (Annexure P-10) passed by the Civil Judge (Jr.Div.), Amloh, vide which the application of the plaintiff-petitioner for amendment of the plaint has been dismissed.

(2.) Learned counsel for the petitioner has submitted that the petitioner had filed a suit for permanent injunction restraining the defendants, their agents and servants from causing any hindrance / obstruction in construction being raised by the plaintiff over his plot of land which is part and parcel of land measuring 8 marlas 3 sarsahies out of the land measuring 1K-12M comprised in khewat no.137/138, khatouni no.259 khasra no.119 (0-6), 120/3 (1-3), 121/3(0-3) as per jamabandi for the year 2013-2014 situated within the revenue limits of village Amloh, Teshil Amloh. Learned counsel for the petitioner has submitted that the Municipal Council had issued notice to the petitioner stating that the petitioner needs to remove the illegal occupation over the government land and thereafter the petitioner had filed CWP-33728-2024 and in the said case, on 18/12/2024 the Coordinate Bench of this Court was pleased to pass the order (Annexure P-6), which has been highlighted by learned counsel for the petitioner, which reads as under:-

(3.) It is submitted that in pursuance of the said order, the demarcation report has been submitted, as per which khasra no. 121/1 is stated to be not in the ownership of the Municipal Council. It is argued that in view of the same, the petitioner moved an application for amendment and wanted to replace the 'khasra no. 121/3(0-3) with khasra no. 121/1(0-3) and the said application has been illegally dismissed by the trial Court vide impugned order dtd. 20/2/2025 and has prayed that the said order be set aside.