Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 5564 of 2019 Petitioner :- Nagar Palika Parishad, Chandausi Respondent :- Dr. Suresh Chandra Vashney And 6 Others Counsel for Petitioner :- Harsh Vardhan Gupta
Hon'ble Manoj Kumar Gupta,J.
Heard learned counsel for the petitioner.
By impugned order dated 16.05.2019, the appellate court has rejected the application 74-Ka, filed by the defendant- petitioner for amendment in the written statement at the appellate stage.
The court has observed that in case the amendment application is allowed wherein the defendant claims ownership in the suit property through sale-deed it will reopen the entire case. It is noteworthy that in the original written statement, the petitioner claimed title to the suit property on basis of adverse possession.
The court has also observed that the plea is wholly inconsistent with the stand taken in the original written statement. It has fixed a date for hearing of the appeal.
In considered opinion of the Court, it would not be proper to interfere in the matter at this stage. Therefore, this Court declines to examine the validity of the impugned order but leaves it open to the petitioner to challenge the impugned order along with final judgment passed in appeal.
With the above observation, the instant petition is disposed of.
Order Date :- 26.7.2019 VR (Manoj Kumar Gupta, J.)