Ram Phal vs Sehdev and Others

Alok Singh, J.—Present petition is filed challenging the order dated 27.03.2009 passed by the learned Civil Judge (Senior Division), Panipat, whereby application seeking amendment in the plaint incorporating the plea of possession was allowed.

Undisputedly, Plaintiffs initially filed suit for permanent prohibitory injunction against the Defendants. During the pendency of the suit, in compliance with the order passed by the learned Executing Magistrate, u/s 145 Cr.P.C., possession was delivered to Defendant No. 3, hence, Plaintiffs have moved an application seeking amendment in the plaint to add the relief for possession, which was allowed by the learned Trial Court.

Undisputedly, possession was handed over to Defendant No. 3 in a proceedings u/s 145 Cr.P.C., hence, in the opinion of this Court, Plaintiffs have every right to ask for the relief for possession, which was rightly allowed by the Trial Court.

Learned Counsel for the Petitioner states that since order passed u/s 145 Code of Criminal Procedure is under challenge before the Additional Sessions Judge, hence, amendment should not have been allowed. I do not agree with the learned Counsel for the Petitioner. Scope and object of proceedings u/s 145 Code of Criminal Procedure is different. Proceedings u/s 145 Code of Criminal Procedure or revision therefrom are liable to be dropped in view of the pendency of civil suit pending between the parties.

Dismissed.