DOLI RAJ Vs. NANAK CHAND

JUDGEMENT

(1.) THE Petitioners (hereinafter referred to as the Defendants) have challenged the order dated 26.4.2010 passed by the Learned Civil Judge (Jr. Division), Karsog, District Mandi whereby the Respondents No. 1 and 2 (herein after referred to as the Plaintiffs) were permitted to amend the plaint.

(2.) BRIEFLY stated, the facts of the case are that the Plaintiffs filed a suit claiming to be owners of land measuring 0 -9 -4 bighas in Karsog Bazar bearing khasra No. 792 and khasra No. 793. It was alleged that a shop had been constructed by the father of the Plaintiffs in khasra No. 792 and that the father of the Defendants 1 to 3 was permitted to run a business in this shop. It was claimed that Defendants No. 1 to 3 have started demolishing the shop without any right title or interest and hence a suit for injunction was filed, wherein a prayer was made that the Defendants No. 1 to 3 be restrained from pulling down the old shop.

(3.) THE Plaintiffs alongwith the suit had filed an application for grant of stay which was allowed by the Learned trial Court. Thereafter the present Petitioners filed an appeal and the Learned Addl.