Dismissed

Ramnik Bhai Baghela @ Bhupat Bhai v. Sujal Baghela and Ors.

Chhattisgarh HC8 Mar 2011WP227/1283/2011

Case brief

AI extract

What is this about?

This was an oral order dismissing a writ petition under Article 227. The High Court upheld the trial court's decision to dismiss the petitioner's application to amend pleadings in a civil suit concerning title and injunction, finding the amendment sought to contradict prior admissions without cogent explanation.

What did the court decide?

The writ petition filed under Article 227 of the Constitution of India was dismissed both in limine and on merits.

Ramnik Bhai Baghela @ Bhupat Bhai Vs Sujal Baghela… — Property and Title | Chhattisgarh HC (2011)

BILASPUR,

PETITIONER

(Plaintiff)

WritPetition (227) No. \195^of2011 " QamwlV /^: Ramdik Bhai Vaghela @ Bhupat Bhai

¶5

Vaghela aged about 69 years, S/o Late Babu Bhai Vaghela, R/o M.I.G.^— 17 Lalbag, Housing Board Colony, Rajnandgaon (C.G.)

¶6

Through— General Power Of attorney holder Sanjay Vaghela aged about 34 years,^{R/oM.I.G.17Lalbag,Housing} Board Colony Rajnandgaon (C.G.)

VERSUS

RESPONDENTS

(Defendant)

V— . (L f/ “Jyu

[L Sujal aged about 24 Years S/o / l.^x. Yaghela Late Jayanti Vaghela, R/o House No. 92, Labour Colony, Rajnandgaon (C.G.)

¶12

Gaurav Vaghela aged about 22 Years S/o Late Jayanti Vaghela, R/o House No. 92, Labour Colony, Rajnandgaon (C.G.)

¶13

2, /}

¶14

$-
Chhattisgarh Housing Board
\ g

¶15

G.E. Road, old Hospital Road

¶16

Rajnandgaon (C.G.)

¶17

‘ @

¶18

WRIT^{PETITION UNDER ARTICLE227OF THECONSTITUTION}

¶19

OF INDIA

¶20

HIGH COURT OF CHHATTISGA‘RH AT BILASPUR

¶21

¶22

Writ Petition (227) No. 1283 of2011

¶23

PETITIONER : Ramnik Bhai Vaghela @ Bhupat Bhai Plaintiff Vaghela

¶24

VERSUS

¶25

RESPONDENTS : Sujal Vaghela & others Defendant

¶26

WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA

¶27

(SB: Hon'ble Mr. N.K. Agarwal, J.)

¶28

Present : Shri Rakesh Thakur, Advocate for ,the petitioner.

¶29

ORAL ORDER

¶30

(Passed^{on08.03.201 1)}

¶31

The instant petition filed under Order 227 of the Constitution of India calls in question the order dated 09.10.2010, passed by the District Judge, , '2l-A/08, - Rajnandgaon, in Civil Suit No. whereby the petitioner’ s application for amendment filed under Order 6 Ride 17 of CPC has been dismissed.

¶32

A suit claiming relief of declaration of title and permanent injunction^is filed by the petitioner herein inter-aha pleading : petitioner purchased^a house in the year 1977 benami in the name of his brother^lateJayanti Vaghela and is in its peaceful possession since 28-30 years and had perfected^{histitleoverthesuithousebywayof adverse} possession. The defendants, being wife and sons of deceased Jayanti^{Vaghela,aretrying} to sale out the suit house. By way of amendment, the petitioner wanted to incorporate plea in the plaint that the defendants are not legal

¶33

representatives^{of deceasedJayantiVaghelaandhavenorighttosaleout} the suit^house.

¶34

The trial court dismissed the amendment application filed by the petitioner.

¶35

¶36

¶37

Shri Thakur,^{learnedcounseiappearingforthepetitioner,byplacing} reliance^uponthe judgment^{of SupremeCourtincaseof SurenderKumar} Shanna^{v.MakhanSinghl,wouldsubmit:ifcourtfindsthatbyallowing} application,^{realcontroversybetweenthepartiesmayberesolved.} Court can allow^{applicationwhereoppositepartycanbecompensatedbycosts} or otherwise. Court has^{widediscretiontodealwiththeapplicationin} such^{mannerandonsuchtermswhichappearittobe justandproperand} with a^{viewtodofullandcomplete justicebetweentheparties.}

¶38

Having^{heardthecounselappearingfor thepetitionerandhavingperused} the order^{impugned,copyofplaintandamendmentapplication,Iamof} the considered^{opinionthattrialcourthasnotcommittedanyillegality} warranting^{interferenceof thiscourtunderArticle227of theConstitution} of India.

¶39

The instant suit is filed^bythe petitioner^{fordeclarationoftitleand} injunction^{basedonadversepossessionagainstthedefendantadmittedly} who are^{legalrepresentativesof deceasedJayantiVaghela.Now,byway} wants to withdraw his

¶40

of amendment application, the petitioner admission^inthe pleadings^{withrespect torelationshipof defendantswith} late^{JayantiVaghelawithoutplacinganycogentandproperexplanation} therefor.^{Therefore,ononehand,petitionersoughtdeclarationtothe}

¶41

MM l 2009 (10) scc 626

¶42

V \

¶43

effect that petitioner^isinadverse possession^{of thesuitlandagainstthe} defendants, and on^{theotherhand,bywayof amendmentapplicationhe} wants to challenge the title^{of thedefendants.}

¶44

The case on hand^{isnotacasewheretheamendmentapplicationhas} been filed belatedly^{andtheissueraisedisreliefforthe} purpose^ofjust decision of the case. In the instant^case,the petitioner^{wantstoraisea} plea^{whichiscontrary/destructive/amountstowithdrawalofadmission} without there being any^{explanation,andtherefore,thecasereferredby} the petitioner is of no^{helptohim,andthetrialcourt,initsdiscretion,has} rightly dismissed^{theamendmentapplication.}

¶45

It is well settled principle^{oflawthatthisCourt,} in exercise of its supervisory jurisdiction^{underArticle227oftheConstitutionofIndia,} should refrain itself^{frominterferingwiththeorder} passed^bytheCourt below, except in^{suchcaseswhere} perversity, illegality, irregularity^or jurisdictional^{erroriswritlargeonthefaceof therecord,whichisnotin} the present case.

¶46

The petition^{hasnomeritandthesame} is accordingly dismissed in limine.

¶47

Sd/N.K. Agrawal Judge

¶48

Sahu

Ramnik Bhai Baghela @ Bhupat Bhai v. Sujal Baghela and Ors.

Case brief

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Ramnik Bhai Baghela @ Bhupat Bhai v. Sujal Baghela and Ors.

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