CR-3659-2024 (O&M) 163 IN THE HIGH COURT OF PUNJAB AND HARYANA Shiv Kumar Yadav and another Versus Mahipal Yadav and others CORAM: HON’BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Anil Kumar Rana, for the petitioner Mr. G.C. Shahpuri, Advocate for respondent No HARKESH MANUJA, J. (ORAL) By way of present revision petition, challenge has been laid to an order dated Faridabad, whereby seeking amendment of plaint 2. In the present case, the respondents/ plaintiffs filed a suit for permanent injunction against the petitioners/defendants proprietors/ biswedar Faridabad. The suit Khad, bearing Khewat No. 209/192/195 No. 22, Killa No.18/4 (1 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-3659 Date of Decision: 2 Shiv Kumar Yadav and another Versus Mahipal Yadav and others CORAM: HON’BLE MR. JUSTICE HARKESH MANUJA Anil Kumar Rana, Advocate for the petitioners. G.C. Shahpuri, Advocate for respondent Nos. 1 to 4. -.- MANUJA, J. (ORAL) By way of present revision petition, challenge has been laid to an order dated 02.05.2024 passed by Civil Judge ( Faridabad, whereby application filed on behalf of amendment of plaint was allowed. In the present case, the respondents/ plaintiffs filed a suit for permanent injunction with consequential relief of mandatory injunction against the petitioners/defendants, while claiming themselves to be / biswedars of Village Sarai Khawaja . The suit pertains to land described as , bearing Khewat No. 209/192/195 min; Khatoni No. 276/259, Rect. No. 22, Killa No.18/4 (1-2), measuring 01 kanal 02 marla, vide copy of 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 3659-2024 (O&M) Date of Decision: 28.04.2026 …..Petitioners ..…Respondents CORAM: HON’BLE MR. JUSTICE HARKESH MANUJA By way of present revision petition, challenge has been laid to passed by Civil Judge (Junior Division), on behalf of the respondents/ plaintiffs In the present case, the respondents/ plaintiffs filed a suit for with consequential relief of mandatory injunction while claiming themselves to be of Village Sarai Khawaja, Tehsil and District pertains to land described as Gair Mumkin Gadda min; Khatoni No. 276/259, Rect. 2), measuring 01 kanal 02 marla, vide copy of 1 By way of present revision petition, challenge has been laid to Division), respondents/ plaintiffs In the present case, the respondents/ plaintiffs filed a suit for with consequential relief of mandatory injunction while claiming themselves to be , Tehsil and District umkin Gadda min; Khatoni No. 276/259, Rect. 2), measuring 01 kanal 02 marla, vide copy of SANJAY GUPTA 2026.05.06 10:22 I attest to the accuracy and integrity of this document CR-3659-2024 (O&M) 2 jamabandi for the year 1995-96. Initially, the following prayer was made in the suit:- “a) a decree of permanent injunction in favour of the plaintiffs and against the defendant no.1 & 2, restraining the defendants No. 1 & 2 from encroaching any portion of the suit land bearing Rect. No.22 (wrongly shown as Rect. No.28), Killa No.18/4(1-2) measuring 01 Kanal 02 Marla Gair Mumkin Gadda Khad, situated at Village Sarai Khawaja, now Tehsil Badkhal, District Faridabad, fully detailed and described in para no.2 of the plaint illegally, unlawfully and unauthorizedly, in collusion with the official of defendants No. 3 & 4 and creating any kind of hindrance, construction, encroachment, obstruction, obstacle and permanent nuisance in the smooth use of common purpose land as Gair Mumkin Gadda Khad by the plaintiffs, other inhabitants/biswedar/Proprietors of Village Sarai Khawaja, District Faridabad, forcibly, illegally and in any manner whatsoever. b) a decree of mandatory injunction in favour of the plaintiffs and against the defendants, directing the defendants No.1 & 2 to remove the temporary structure/ construction if any made/raise on the land bearing Rect. No.22 (wrongly shown as Rect. No.28), Killa No.18/4(1-2) measuring 01 Kanal 02 Marla Gair Mumkin Gadda Khad, situated at Village Sarai Khawaja, now Tehsil Badkhal, District Faridabad, fully detailed and described in para no.2 of the plaint and directing the defendants No. 3 & 4 to remove the obstructions, encroachment, structure if any illegally, unlawfully and unauthorizedly raised by the defendant no.1 & 2 on the suit land mentioned in para no.2 of the plaint and above and to restore in its original position forthwith and further pass a decree of mandatory injunction in favour of the plaintiffs against the defendants directing the defendant no.3 & 4 to SANJAY GUPTA 2026.05.06 10:22 I attest to the accuracy and integrity of this document CR-3659-2024 (O&M) 3 demolish the illegal, unlawful and unauthorized construction of the defendant no.1 and 2 if the defendant no. 1 & 2 succeed to raise the illegal, unlawful and unauthorized construction during the pendency of the present suit. c) Any other relief deemed just and proper may also be awarded to the plaintiffs with costs of suit.” 3. Upon filing of the written statement by the petitioners/ defendants, the issues were framed on 01.12.2021. Soon thereafter, on 12.04.2022, the respondents/ plaintiffs filed an application seeking amendment of plaint to the following effect:- “Heading in the suit wants to add the word declaration after the words suit for and before permanent injunction "Suit for declaration, permanent injunction with consequential relief of mandatory injunction." The plaintiff wants to add the para no. aa in para no.14 after para 14a. that a decree of declaration to the effect that the suit land bearing Rect no.22, killa no. 18/4(1-2) measuring 1 kanal 2 marla situated at vill. Sarai Khwaja, Tehsil Balabgarh, Distt. Faridabad is used for common purpose for the village community Sarai Khwaja, may kindly be passed in the favour of plaintiff and against the defendant and may further be declared as that said land is reserved only for use of common purpose by the revenue department/ consolidation department as Gair Mumkin Khadda Khad and further declared the nature of land for common purpose cannot be changed by any person in any manner may kindly be passed in favour of plaintiff and against the defendants.” SANJAY GUPTA 2026.05.06 10:22 I attest to the accuracy and integrity of this document CR-3659-2024 (O&M) 4 4. The said application was opposed on behalf of the petitioners / defendants, however, the learned trial Court vide its order dated 02.05.2024, allowed the application. 5. In the given facts and circumstances, it is evident that the application for amendment of plaint was filed at the very initial stage of the proceedings i.e. soon after the framing of issues and before the commencement of evidence of the respondents/ plaintiffs. 6. Moreover, a perusal of the original plaint shows that the foundational pleadings with respect to the nature and ownership of subject land were already in existence. By way of the proposed amendment, the plaintiffs have merely sought to incorporate an additional relief of declaration based on the same set of facts. In such circumstances, the amendment sought for neither changes the cause of action; nor alters the nature and character of the suit. Rather, it is necessary for the proper and effective adjudication of the dispute between the parties. In view of the above, the impugned order passed by the learned trial Court does not suffer from any illegality or perversity warranting interference in exercise of revisional jurisdiction. 7. Consequently, the present revision petition is dismissed. 8. Pending miscellaneous application(s), if any, shall also stand disposed of. 28.04.2026 (HARKESH MANUJA) sanjay JUDGE Whether speaking/reasoned? Yes/No Whether Reportable? Yes/No SANJAY GUPTA 2026.05.06 10:22 I attest to the accuracy and integrity of this document