HAIDER IMAM Vs. MD. EHTESHAM

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant Civil Miscellaneous application under Article 227 of the Constitution of India has been filed for setting aside the order dtd. 15/12/2017 passed by learned Sub Judge " VIII, Gaya in Title Suit No. 80 of 2017 by which amendment petition dtd. 7/12/2017 filed by the plaintiff / respondents 1st Set under Order 6 Rule 17 and Sec. 151 of the Code of Civil Procedure has been allowed.

(3.) Learned counsel for the petitioners has submitted that the plaintiff / respondent No. 1 instituted Title Suit No. 80 of 2017 on 13/10/2017 for declaration that defendant No. 1/ respondent No. 2 herein (the owner of suit land) had no right to make any construction over the roof of plaintiff's ground floor of the suit property and the registered sale deeds by defendant No. 1 in favour of defendant Nos. 2 and 3 (first floor) and in favour of respondent No. 4 (second floor) are void ab initio conferring no title on the said vendees and not binding on plaintiff. The mandatory and permanent injunction has also been prayed for. Petitioner Nos. 1 and 2, who are defendant Nos. 2 and 3 before the trial Court, have also appeared in the suit and filed their joint written statement and denied the claim of the plaintiff. The plaintiff thereafter before settlement of issues filed an amendment petition dtd. 7/12/2017 for amending his pleading in the plaint which has been allowed with cost vide the impugned order dtd. 15/12/2017.