LAWS(HPH)-2019-8-116

KISHORI LAL Vs. DARSHAN KUMAR

Decided On August 30, 2019
KISHORI LAL Appellant
V/S
DARSHAN KUMAR Respondents

JUDGEMENT

(1.) The present petition, under Article 227 of the Constitution of India for quashing and setting aside the impugned order dated 4.6.2018, passed by the learned Civil Judge (Senior Division), Court No.II, Amb, District Una, in Civil Suit No.212 of 2011, whereby the learned Court below has dismissed an application, under Order 6 Rule 17 read with section 151 of the Code of Civil Procedure.

(2.) The key facts, giving rise to the present petition are that the petitioners-plaintiffs (hereinafter referred to as 'plaintiffs') maintained a suit for permanent prohibitory injunction restraining the respondents-defendants (hereinafter referred to as 'defendants') from interfering in any manner, taking forcible possession, installed electric pole and also restrained them from putting the electrical wires and changing the nature of suit land measuring 0-05-85 hectares bearing Khewat No.615, Khatauni No.882, Khasra No.3089/1262, as entered in jamabandi for the year 2005-06, situated in Upmahal Andora Nichla, Mauza Andora, Tehsil Amb, District Una.

(3.) The respondents-defendants contested the suit by way of filing separate written statement and it is stated that the electrical poles erected in the month of May, 2011, on the road side near the boundary of the land of the plaintiffs and in the presence of parties. The electric pole, which has been installed by the Electricity Department will not cause any hindrance to the land of the plaintiffs and after attaching the electricity wire, no any obstruction or hindrance will cause to the plaintiffs. During the pendency of suit, plaintiffs maintained an application, under Order 6 Rule 17 read with section 151 of the Code of Civil Procedure, for amendment of the plaint on the grounds that the defendants in connivance with each other forcibly erected poles and laid wires on it but, the said application was dismissed by the learned Court below on 4.6.2018.