1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.8483 of 2009. Dargah Committee, Ajmer VERSUS The Civil Judge (Junior Division) Ajmer City North, Ajmer and Others Date of Order :::: 17/08/2009 Hon'ble Mr. Justice Dalip Singh Mr. J.C. Jain, Counsel for the Petitioner. Per Court : Heard learned counsel for the petitioner. Plaintiff-petitioner has filed this writ petition challenging the impugned order dated 16.04.2009 (Annexure-8) by which the application submitted by the petitioner under Order 14 Rule 5 read with Section 151 of the C.P.C. for amendment of the Issue No.1 has been rejected. Having gone through the pleadings of the parties, along with learned counsel for the petitioner, which have been filed, along with this writ petition i.e. Annexure 1 and 2, being the plaint and the written-statement filed by the parties. In the facts and circumstances of the present case, the impugned order does not call for any interference in the writ jurisdiction, inasmuch as the learned trial Court has considered 2 the pleadings, more particularly the averments in the plaint from which it is apparent that the present suit has not been filed on the basis of the title, but on the basis of possession and the prayer is for permanent injunction. The plaintiff would have to succeed on his own by showing that despite not having claimed title over the property the plaintiff is entitled to seek the relief as claimed on the basis of possession. The existing issue as framed is to this effect “whether the plaintiff is entitled to the relief as claimed”. In the facts and circumstances, I find no jurisdictional error so as to call for interference in the writ jurisdiction under Article 226 and 227 of the Constitution of India. The writ petition and the stay application stand dismissed summarily. (Dalip Singh) J. ashok/