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2025 DAILYLAW 22650 (ALL)

MAHBOOB HASAN v. MUJAMMIL HASAN AND 2 OTHERS

A227/4138/2022 · 2025-05-08

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:75730 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4138 of 2022 Petitioner :- Mahboob Hasan Respondent :- Mujammil Hasan And 2 Others Counsel for Petitioner :- Vishal Agarwal Hon'ble Rohit Ranjan Agarwal,J. 1. Sri Vishal Agarwal, learned counsel for the petitioner is present. 2. It is contended that plaintiff-petitioner filed an Original Suit No.272 of 2011 against defendants-respondents claiming relief of permanent injunction. In the aforesaid suit, plaintiff has specifically pleaded in paras 2 and 3 that he has constructed two shops over the property in dispute, which is in his possession and defendants are trying to take possession of the same. In the written statement filed by the defendants-respondents, in para 6, it has been specifically stated that both the shops are in possession of defendants. 3. After filing of the written statement, plaintiff has tried to get his plaint amended by filing an application under Order VI, Rule 17 C.P.C. wherein he has tried to claim relief of possession over the property in dispute. 4. The trial Court as well as revisional Court have rejected the amendment application on the ground that once the plaintiff-petitioner had made an admission in his plaint that he was in possession of the property in dispute, by subsequent amendment, he is trying to introduce a new case, which cannot be allowed on the basis of the pleading made in the written statement by the defendants. 5. I have heard the counsel for the petitioner and perused the material on record. 6. I find that there is no infirmity in the order passed by trial Court as well as revisional Court refusing the amendment to be made in the plaint filed by the petitioner, as, by the proposed amendment, the plaintiff has tried to introduce a new case. 7. Writ petition fails and is hereby dismissed. Order Date :- 9.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad