- (1.) The present revision petition has been preferred against the order dated 03.03.2016 passed by the learned Additional Civil Judge (Sr. Division), Khamanon, vide which the application moved by the respondents-defendants no.1 to 9 under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (for short 'C.P.C.') for amendment of the counter claim has been allowed.
(2.) Plaintiffs-Petitioners have filed the suit for permanent injunction restraining the defendants from interfering into their peaceful possession over the property shown with letters 'X' and 'Y' detailed and described in the head note of the plaint and also from dispossessing the plaintiffs from the aforesaid land and further from making any encroachment on the plea that they are owner in possession of the property described above. Whereas, defendants have no right, title, interest, concern or connection therewith.
(3.) Respondents-Defendants no. 1 to 9 contested the suit on the grounds inter alia that under the garb of the suit, petitioners-plaintiffs intend to encroach upon the passage comprised of Khasra No. 19//28, 20//23, 23//30, 31, 24//29 situated on the eastern side of the land of the plaintiffs. It was further pleaded that they have, in-fact, encroached upon the portion of said passage and included that in their land and this suit has been filed to protect their illegal possession on the portion of the passage.;