- (1.) Both the petitions being interconnected with each other, the common order is being passed.
(2.) The writ petition being No. 12814/14 has been filed challenging the order dated 10.10.14 passed by the Civil Judge & Judicial Magistate, Chomu (hereinafter referred to as 'the trial court') in Civil Suit No. 15/14, whereby the trial court has dismissed the application of the petitioners-plaintiffs seeking amendment in the plaint under Order VI Rule 17 of CPC, whereas the writ petition being No. 12821/14 has been filed challenging the separate order dated 10.10.14 passed by the trial court in the T.I. Application No. 22/14 in the said civil suit rejecting the application of the petitioners seeking amendment in the T.I. Application.
(3.) It appears that the petitioners-plaintiffs have filed the suit seeking declaration of their easementary rights and permanent injunction in respect of their right of way through the land of Khasra No. 2405 and 2406 of the respondents No. 2 and the land bearing Khasra No. 2407 of respondent No.1. It appears that after the filing of the suit, the respondents-defendants put fencing wires and Patties and also raised Pakka boundry walls blocking the way of the petitioners-plaintiffs and therefore they moved the applications seeking amendment in the plaint as well as in the T.I. Application for bringing on record the subsequent events and for seeking injunction for the removal of the said wall. The said applications in the suit as well as in the T.I. Application have been dismissed by the trial court vide the impugned orders against which the present petitions have been filed.;