- (1.) Petitioner-defendants have invoked the jurisdiction of this Court under Article 227 of the constitution of India seeking to set aside the order dated 01.05.2014 passed by the trial Court permitting amendment of the plaint under Order VI Rule 17 of the Code of Civil Procedure (CPC).
(2.) The respondent-plaintiffs filed suit for permanent injunction restraining defendants from encroaching upon or blocking by raising any kind of construction over the passage in dispute. The respondents filed an application under Order VI Rule 17 CPC (Annexure P-3) that despite the order of status quo passed by the trial Court the petitioners in connivance with certain other persons raised the construction over the passage measuring 21/2 feet illegally and forcibly on 12.04.2011. The photographs of construction were also taken.
(3.) Respondent-plaintiffs moved an application under Order XXVI Rule 9 CPC for appointment of Local Commissioner who submitted report in the Court. Thereafter, the respondentplaintiffs filed application seeking to add the prayer for mandatory injunction directing petitioner-defendants to remove the gallery/badhra 21/2 ft. wide illegally constructed during pendency of the suit. The consequential amendments were also prayed.;