MUSHTAQ AHMAD SHAH Vs. STATE OF J&K

JUDGEMENT

(1.) Appellant seeks leave to file Letters patent Appeal directed against the order dated 31.05.2013 passed by learned Single Judge in OWP No. 1246/2011 titled Mushtaq Ahmad Shah v. State & Ors. In terms whereof, the writ petition was dismissed as being not maintainable. Aggrieved thereof writ petitioner has invoked the jurisdiction of this Court under clause 12 of the Letters Patent.

(2.) Adverting to the factual matrix of the case, it appears that the appellant instituted a suit for declaration and perpetual prohibitory injunction against respondents. He prayed for being declared owner in possession of two houses with land beneath and appurtenant thereto measuring 7 marlas falling under survey No. 1388 situated in village Pulwama besides seeking declaration to the effect that the decree passed by Munsiff, Pulwama in suit No. 846 dated 31.03.2000 was null and void and non-est in the eyes of law. It was during the pendency of the suit that the appellant filed a motion for amendment seeking to introduce a new case in regard to six sirsais of land falling under survey No. 2195/1384 claiming prescriptive title thereto on the plea of adverse possession.

(3.) Respondents contested the motion for amendment of plaint on the ground that the proposed amendment would change the nature of the suit besides the cause of action thereby causing prejudice to the respondents.