Ram Surat Ram (Maurya), J. - (1.) Heard Sri Manish Goyal for the petitioners and Sri Siddhartha Varma for the opposite parties.
(2.) This petition has been filed for setting aside the order of Additional District Judge dated 16.11.2015, by which the application for amendment of the plaint has been dismissed on the ground that the proposed amendment is sought to be added in the plaint after more than 12 years of the cause of action, therefore, the relief has become time barred.
(3.) The petitioners filed a suit (registered as O.S. No. 439/1989) for permanent injunction restraining the defendants from holding Ram Leela over plot no. 3377/1 (area 6012 acre), village and post Talgram, tahsil Chhibramau, district Farrukhabad. The right of easement has been claimed by the petitioners, alleging that for more than 40 years, the villagers used to hold Ram Leela procession over the land in dispute and for that purpose, they have also raised some constructions, like chabutra, etc. It is alleged that the trial court has issued Amin for spot inspection, in which some of the constructions were found on the spot. The trial court has also granted interim injunction in the matter on 16.11.1992.;