2. Brief facts of the case are that original plaintiff Smt. Niyazbi, who is widow of Alimuddin had filed a Civil Suit for declaration of title and permanent injunction. During the pendency of the Suit, Smt Niyazbi died and on the basis of the Will, the plaintiff claimed title of the suit property and the Suit was decreed in his favour in Civil Suit No.26A/1999 by the 1st Civil Judge, Senior Division, District Mungeli which was also affirmed in Civil Appeal No.10-A/2007 by the Additional District Judge, Mungeli. Vide judgment dated 18.04.2023 passed in SA Nos.07/2009 and 08/2009, the matter was remitted back to the trial Court with a direction to decide the issue of Will as per provisions of Mohammadan Law and to decide the issue of grant of injunction afresh on the basis of material and evidence placed on record. It was further observed that the parties are free to amend the pleadings and have an opportunity to lead evidence in support of their respective stand. After such remand, relief or possession was added in the plaint and the petitioner/defendant herein has raised an objection that the said relief is time barred and in the consequential amendment, the said pleadings have also been made but no issues have been framed in that regard. When an application has been filed under Order 14 Rule 5 of the CPC, the same was also dismissed by the impugned order. Hence this petition.
