In CR No.5583 of 2024, a Single Judge disposed of a petition without notice, directing the trial court to permit amendment of the plaint to include possession relief, subject to costs of ₹50,000 to the respondents.
Permitted the trial court to amend the plaint to include relief of possession, subject to ₹50,000 costs to respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S. No. 125
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.5583 of 2024 (O&M) Date of Decision:24.09.2024 Mohan Singh and others .....Pe00oners Vs. Ganga Ram and others .....Respondents
CORAM:HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:Mr. Ravi Du� Sharma, Advocate for Ms. Alisha Soni, Advocate for the pe��oners.
DEEPAK GUPTA, J. (Oral)
Learned counsel for the pe��oners contends that ini�ally suit was filed by the plain�ffs (pe��oners herein) seeking decree for declara�on and consequen�al relief of permanent injunc�on regarding the property in dispute. During pendency of the suit, the possession of the suit property was taken by the defendants in the execu�on proceedings of another suit, the decree of which was assailed in the present suit. Therefore, the plain�ffs moved an applica�on seeking amendment of the plaint to incorporate the relief of possession but the same has been declined by the Court by way of the impugned order dated 02.07.2024 (Annexure P5).
CR No.5583 of 2024 -2-
as costs payable to the defendants- respondents by way of a demand dra7 in their favour. Since this order has been passed without issuing any no�ce to the respondent, they will be at liberty to approach this Court in case they feel aggrieved.
| September 24, 2024 | ( DEEPAK GUPTA ) | |
|---|---|---|
| renu | JUDGE | |
| Whether Speaking/reasoned | Yes/No | |
| Whether Reportable | Yes/No |
RENU 2024.09.24 16:40 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the plaint should be permitted to be amended to include the relief of possession despite a delay of over two years?
Mohan Singh and others
Ganga Ram and others
DEEPAK GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
