CMPMO 245 of 2007 16.4.2009 Present: Ms. Aruna Advocate vice Ms. Jyotsna Rewal, Advocarte, for the petitioner. Shri R.K. Gautam, Sr. Advocate with Ms. Archana Dutt,Advocate, for the respondent. This petition has been preferred by the defendant against the order passed by the learned Trial Court allowing the application under Order 6 Rule 17 of the Code of Civil Procedure permitting the plaintiff to incorporate the relief for inclusion of a prayer for possession of the suit property. The application was allowed on the condition that the plaintiff-respondent shall pay Rs. 500/- as costs to the defendant-petitioner herein. I have heard learned counsel appearing for the petitioner who has challenged this order and urged number of grounds some of which touch the merits of case. At this stage, I do not wish to pronounce on the merits of case i.e. facts or law as urged by the learned counsel appearing for the parties. Needless to say that the controversy shall be decided on the material on record. Learned counsel appearing for the respondent/plaintiff submits that he has instructions to say that plaintiff will not lead any evidence on the amendment incorporated and sought and the case will be argued on the material on record as it is. In these circumstances, this petition is disposed of. I do not intend to interfere with the order passed by the learned trial Court. The parties will be free to urge their respective stand before the trial Court on the pleadings/evidence on record. Costs of Rs. 600/- in addition to Rs. 500/- as already imposed by the trial Court shall be paid by the plaintiff to the defendant. Parites to appear before the -2- trial Court on 29th May, 2009. Costs shall be paid on the first date of appearance. Petition stands disposed of. All interim orders stand vacated. All miscellaneous applications stand disposed of. April 16, 2009 (Dev Darshan Sud) (ms) Judge.