KRISHAN KUMAR Vs. RAM BHAROSI BANSAL

JUDGEMENT

(1.) By way of this writ petition, the petitioners assail the order dated 01/04/2016 whereby the application filed by the petitioners under Order 6 Rule 17 CPC at the appellate stage has been rejected by the learned lower appellate court.

(2.) Case of the petitioners is that the petitioners had filed a suit for permanent injunction and alleged that the respondents were raising construction on the land which was marked by the boundaries in the plaint. The petitioners submit that they were obstructed in use and occupation of the land in question and during the period between decision of the suit and filing of the appeal i.e. 21/12/2012 to 31/12/2012, the respondents had constructed a wall and stopped way of the petitioners. It is further submitted that during pendency of the appeal, the respondents had constructed three halls by making permanent construction and by using the land for commercial purposes and had changed nature of the property and therefore, prayed that they may be allowed amendment in the plaint and the trial court be directed to hear the suit again afresh.

(3.) The learned lower appellate court vide order impugned dated 01/04/2016 has rejected the application.