--1-- IN THE HIGH COURT OF JHARKHAND, RANCHI C.M.P. No. 23 of 2025 ---- Shakil Ansari aged about 52 years old, son of Sri Hasan Ansari, resident of Mohalla Bangla Road, Post Office and Police Station- Lohardaga, District-Lohardaga ... Petitioner -- Versus -- 1. Meena Devi, aged about 51 years old, wife of Late Prakash Mahto, 2. Ganesh Mahto, aged about 34 years, son of Late Prakash Mahto, 3. Manoj Mahto, aged about 27 years, son of Late Prakash Mahto All resident of Thana Gali, Lohardaga, Post Office and Police Station-Lohardaga, District-Lohardaga. 4. Seema Devi, aged about 31 years old, daughter of Late Prakash Mahto, wife of Shankar Mahto, resident of Mahadeo Toli, Post Office and Police Station-Lohardaga, District-Lohardaga. 5. Soni Devi, aged about 29 years old, daughter of Late Prakash Mahto, wife of Prameshwar Mahto, resident of near Nilkamal Hotel, Ormanjhi, Post Office and Police Station-Ormanjhi, District-Ranchi .... Respondents/Plaintiffs 6. Md. Ishmail, son of Late Rasul Mian. 7. Mineza Khatoon, wife of Late Md. Ishaque 8. Asfaque Ansari @ Kallu, son of Late Md. Ishaque 9. Ayub Ansari son of Late Md. Ishaque 10. Ashgari Begum, daughter of Late Md. Ishaque and wife of Sajjad Ansari 11. Akbari Begum, daughter of Late Md. Ishaque and wife of Shakil Ansari 12. Afsari Begum, daughter of Late Md. Ishaque and wife of Ashraf Alam 13. Kaushar Begum, daughter of Late Md. Ishaque and wife of Md. Sarwar Alam Respondent Nos. 6 to 13 are resident of Thana Toli Lohardaga, --2-- P.S., P.O. and District Lohardaga 14. Ekbal Ansari son of Late Domni Khatoon 15. Aslam Ansari son of Late Domni Khatoon 16. Ashma Khatoon, daughter of Late Domni Khatoon 17. Rahmat Khatoon, daughter of Late Domni Khatoon 18. Buni Khatoon, daughter of Late Domni Khatoon 19. Alkama Khatoon, daughter of Late Domni Khatoon 20. Sabba Khatoon, daughter of Late Domni Khatoon 21. Nanhi Khatoon, daughter of Late Domni Khatoon 22. Gudia Khatoon, daughter of Late Domni Khatoon 23. Pumy Khatoon, daughter of Late Domni Khatoon Respondent Nos. 14 to 23 are resident of Gudri Mohalla, Post Office and Police Station-Hindpiri, District-Ranchi 24. Ishlam Ansari, son of Late Abbas Mian 25. Sakina Khatoon, daughter of Late Jabir Ansari 26. Badruddin Ansari, son of Late Jabir Ansari 27. Fakruddin Ansari, son of Late Jabir Ansari 28. Zahiruddin Ansari, son of Late Jabir Ansari 29. Sabir Ansari, son of Late Jabir Ansari Respondent Nos. 24 to 29 are resident of village Nindir, Post Office and Police Station-Latehar, District-Latehar 30. Jalil Ansari, son of late Muslim Mian, resident of village, Nindir, Post Office and Police Station-Latehar, District-Latehar 31. Mahrunnisha daughter of late Muslim Mian, wife of Sri sakur Ansari, resident of Jaspur Urs Tanr, Post Office and Police Station-Jaspur, District-Chhattisgarh. 32. Badrunisha, daughter of late Usman Mian, resident of Thana Toli, Post Office and Police Station-Lohardaga, District- Lohardaga 33. Sadrunisha daughter of Late Ushman Mian wife of Sri Md. Mattaulla Ansari, by faith Muslim, by occupation house-wife resident of Pahari Tola Ranchi, P.S. + P.O-Sukhdeo Nagar, Distt. Ranchi --3-- 34. Majrunisha daughter of Late Ushman Mian wife of Sri Ashlam Ansari, by faith Muslim, by occupation house-wife, resident of Sisai Bazar Tanr, P.S. + P.S. Sisai, Distt. Gumla 35. Hasratun daughter of Late Ushamn Mian by occupation house- wife resident of Thana Toli, P.S. & P.S. and Distt. Lohardaga 36. Jubeda Khatoon daughter of Late Abid Ali Mian by occupation house-wife resident of Thana Toli, P.S + P.O. and District Lohardaga 37. Ashmin Khatoon daughter of Ezazul by occupation house-wife, resident of Khadgarha new Road, P.S. + P.O. and Distt. Lohardaga. 38. Nesar Ansari son of Late Abid Ali Mian by occupation business, resident of Thana Toli, P.S. + P.O. Distt. Lohardaga 39. Afroz Ansari son of Late Abid Ali Mian, resident of Thana Toli, Police Station and post Office-Lohardaga, and Distt. Lohardaga. 40. Sahnaj Khatoon, daughter of late Abid Ali Mian and wife of Sri Muslim Ansari Warsi, resident of Thana Toli P.S. & P.O. and Distt. Lohardaga 41. Asgari Khatoon, daughter of late Md. Hasan Ansari, resident of Ajad Basti Bangla road, Lohardaga, Police Station and post Office-Lohardaga, and Distt. Lohardaga 42. Mustari Khatoon, daughter of late Md. Hasan Ansari and wife of Hemail Ansari, resident of Village-Bundu, masjid Mohlla, Post Office and Police Station-Bundu, District-Ranchi 43. Akhtari Khatoon, daughter of late Md. Hasan Ansari and wife of Yunus Ansari, resident of Village-Pali, Post Office and Police Station-Ratu, District-Ranchi. 44. Akhbari Khatoon, daughter of late Md. Hasan Ansari and wife of Jiyaul Haque, resident of Patratoli, Thakurgaon, Police Station and Post Office-Budmu, District-Ranchi 45. Rashid Ansari son of Ramjan Ansari, resident of Thana Toli, Police Station and Post Office-Lohardga and District Lohardaga. At present Jaspur Urs Tanr Police Station and Post Office-Jaspur, --4-- and Distt. Jaspur (Chhattisgarh) 46. Jamila Khoptoon, wife of Matin Ansari 47. Musharaft All son of late Matin Ansari Respondent Nos. 46 to 47 are resident of Anjuman Mohala, Lohardaga, Police Station and Post Office-Lohardga and District Lohardaga ……Performa Respondents ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Haider Ali, Advocate For the Respondents :- ---- 02/10.01.2025 Heard learned counsel for the petitioner. 2. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 30th September, 2024 passed by learned Civil Judge (S.D.)-II, Lohardaga in Title Suit Case No. 5 of 2014 whereby the learned Court is pleased to allow the petition under Order VI Rule 17 read with Section 151 of CPC to amend the original plaintiff’s petition. 3. Learned counsel appearing for the petitioner submits that the said order is passed without application of the judicial mind and according to him at the stage of argument, the said petition was filed which is prejudice to the case of the petitioner and he was the defendant therein. He submits that the nature of the suit has been changed due to allowing the said petition, which was filed by the plaintiff. 4. It transpires from the impugned order dated 30th September, 2024, that the said petition was filed under Order VI Rule 17 by the plaintiff saying that in relief portion of (a) the words has been written as Schedule-B in place of Schedule-C, that is --5-- required to be amended. It further transpires from the order that plaintiffs have already stated in paragraph nos. 11 and 15 of the plaint regarding the R.S. Khata No. 365, plot no. 14 area 27 decimal which is described in Schedule-C. 5. In light of the above, learned court has allowed the amendment holding that the nature of the suit will not be changed and that is a formal amendment and not going to change the nature of the suit. In view of the above, there is no illegality in the said order and learned court has rightly passed the said order on a valid reason. As such this petition is dismissed. 5. Pending Interlocutory Application if any shall also be disposed of. (Sanjay Kumar Dwivedi, J.) Rashmi/