DINESH MEHTA,J. - (1.) By way of the present writ petition, the petitioners (defendants) have laid challenge to the order dated 02.06.2017, whereby an amendment application dated 05.01.2015 filed by the respondent (plaintiff) has been allowed.
(2.) The facts in short pertinent to the present controversy are that the plaintiff had instituted a suit for mandatory and perpetual injunction, seeking an order of restraint qua the defendants that they may not construct the wall on the southern side of the land in question. The said suit was instituted on 07.04.2014.
(3.) On 09.04.2014, the plaintiff had filed an application, seeking amendment in the plaint in view of the fact that the defendants had raised a wall on the disputed site. Said application under Order 6, Rule 17 of the Code of Civil Procedure, inter alia, sought to incorporate requisite pleadings for challenging the offending construction, which had been allegedly raised after the institution of the suit. The plaintiff's above referred application came to be allowed by the learned Trial Court, vide its order dated 02.06.2017, with the following observations:- ...[VERNACULAR TEXT OMITTED]...;