AI Structured Summary
Not yet generated for this judgment
Judgment
Sanjay K. Agrawal, J
The petitioners / plaintiffs application filed under Order 14 Rule 5 of C.P.C. for framing additional issue as to whether the plaintiffs are in
possession of the suit land has been rejected by the trial Court on the ground the said issue has been covered in the issues No. 1 and 2 already framed.
I have heard learned counsel for the petitioners.
The trial Court has already held that issues No. 1 and 2 already framed would cover the issue proposed as to whether plaintiffs are in possession of
suit land, therefore, I am not inclined to entertain this writ petition. However, in view of finding of the trial Court, issue of plaintiffs' possession over the
suit land will be considered by trial Court while trying issues No. 1 and 2.
Accordingly, the writ petition is disposed of with aforesaid observation. No cost(s).