/;-,y;l"<> ? 1 'esSr'-" •^ ^ '%. "•^'^'^ '^-.•^fS^^ •%., •'./ \ %/ HJGK COURT OF CHHATTSSGARH AT BILASPUR Writ Petition No.173Sof 200S Petitioners 1. Mohaniaj Soni S/o Jodhrai Soni, Piaintiffs aged 66 years, 2. ishwari Soni D/o Mohanlal Soni, aged about 28 years, ' 3. Jaikaran Soni S/o Mohaniai Soni, aged about 36 years, Ali cuitivators, R/o Viliage Saja, P.S. & Ttiana Ssja, District Durg (C.G.) , Respondent Defendant Versus Poshan Singh S/o Thakurram Verma, aged about 52 years, cuitivator, R''o Viiiage Khapri/'Lodhl, P.S. Parasbod, Mohgaon, Tahsil Saja, District Durg. (Writ Petition under Articie 227 ofthe Consiltution of indla) Mr. Sanjay S. Agrawai, counsel for the petitioners. r.Pawan Kesham'ani, counsei fcrthe respondent. (SB: Hon'bie Mr. T.P. Sharma, J.) (8-11-2011) 1. By this writ petition under Articie 227 of the Gonstitution of india fhe petitioners have challenged the iegaiity and propriety of tte order dated 12.1.2005 passed by the Civii Judge Class-l, Bametsra, in Civil Suit No.72A/'98, whereby the application fer amendment in piaint relating to claim ofpossession has been dismisssd by the Civii Judge class-i, Bemetara. 2. I have^tieard iearned counsel for the parties, perused the order ~~ impugned and other documents fiied on behaif of the peiitioners. . ASer dismis^i of appiication for temporary injunction and appeai, the petltioners have fiied aforesaid appiication. in these drcumstances, no opiion excepi to fiie such amendment application was ieft to the peiiiioners and the Court beiow ought to have been ailowed the appiication, but by dismissing the appiication the Court beiow has z committsd iiisgaiity warranting interference in exercise of supervisor/ jurisdiction. 4. Consequently, the writ petition stands disposed of with the direction that the piaintifis may file comprehenave application for amendment in piaint relaiing to its necessity in the iight of dismlasai of their previous appiication for grant of temporar^ injunction and If same te fiied then the Court sha!i decide the appiicatlon on iis own merits. No order as to costs. Sd/- T.P Sharma Judge IL/<<