MOHAMMAD SHAFI MIR Vs. MOHAMMAD SULTAN MIR

JUDGEMENT

(1.) In the instant petition, supervisory jurisdiction of this court invoked under Article 227 of the Constitution of India by the petitioners for quashment of order dated 31.12.2020 (for short impugned order) passed by the court of Munsiff, Sogam (hereinafter referred to as trial court), whereby an application for amendment of the plaint filed by the plaintiff respondent herein before the trial court has been allowed.

(2.) The petition is filed on the premise that the petitioners and respondent herein being related as brothers inherited the estate of father after his death as his legal heirs qua their respective shares which had accrued to them after the father during his lifetime partitioned the said estate/property. The respondent herein is stated to have been putting up as Khana Damad of one Ghulam Ahmad Mir son of Abdul Aziz Mir, having married his Khana Nisheen daughter Roshni Begum.

(3.) It is being stated that a time-barred suit came to be filed by the respondent herein for declaration, partition and permanent injunction before the trial court against the petitioners herein seeking therein a preliminary decree for partition, declaration and injunction. It is being stated that an exparte interim order came to be passed by the trial court on 24.7.2019 restraining the non-applicants petitioners herein from changing the nature of the suit property or creating any third party interest. It is being stated that upon entering appearance before the trial court, the petitioners herein filed written statement as also objections in opposition to the suit and application for interim relief. It is being further stated that an application came to be filed by the plaintiff respondent herein under Order 6 Rule 17, Civil Procedure Code, seeking amendment of the plaint and the court below is stated to have allowed the said application permitting the plaintiff respondent herein to amend the suit pursuant to the impugned order.