MAHBUB AHMED CHOUDHURY Vs. ABDUL QUADIR CHOUDHURY
HIGH COURT OF GAUHATI
Mahbub Ahmed Choudhury
Abdul Quadir Choudhury
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(1.) Heard Mr. P.K. Deka, learned counsel for the petitioners. Also heard Ms R. Choudhury, learned counsel for the respondent Nos. 2 to 5. None appears for the other respondent.
(2.) This application under Article 227 of the Constitution of India read with Section 151 CPC is filed against an order dated 4.3.2016 passed by the learned Munsiff No. 1, Karimganj in Misc. Case No. 76/2015 filed by the petitioners under Order VI Rule 17 rejecting the prayer for amendment of the plaint in Title Suit No. 217/2014.
(3.) The petitioners, as plaintiffs filed a suit against the defendants on 19.9.2014 praying for the following reliefs:
" (a) For a declaration that plaintiffs and proforma Defendants Nos. 7 to 11 are the owner of the suit land of this suit by inheritance having right, title, interest and confirmation of possession thereof.
(b) For a perpetual injunction restraining the principal defendants from attempt and threatening to create disturbance in the peaceful use, occupation and possession of the plaintiffs and proforma defendant Nos. 7 to 11 over the suit property of this suit and from attempting to encroach the suit property of this suit dispossessing the plaintiffs and proforma defendant Nos. 7 to 11 therefrom or in any way cause loss, sufferings and harassment to the plaintiffs and proforma defendant Nos. 7 to 11 and so on." ;
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