Mohd. Sarvar And 2 Others vs Mohd. Anwar And Another
2025 Latest Caselaw 13072 ALL

Allahabad High Court

Mohd. Sarvar And 2 Others vs Mohd. Anwar And Another on 1 December, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:79429
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
MATTERS UNDER ARTICLE 227 No. - 6948 of 2025   
 
   Mohd. Sarvar And 2 Others    
 
  .....Petitioner(s)   
 
 Versus  
 
   Mohd. Anwar And Another    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Ram Asarey Verma   
 
  
 
Counsel for Respondent(s)   
 
:   
 
 
 
   
 
     
 
 Court No. - 17
 
   
 
 HON'BLE SUBHASH VIDYARTHI, J.      

1. Heard Shri Ram Asarey Verma, learned counsel for the petitioners.

2. By means of the instant writ petition filed under Article 227 of the Constitution of India, the petitioners have challenged the validity of order dated 11.04.2023, passed by the learned Civil Judge (Senior Division), Lakhimpur Kheri, in Suit No. 182 of 2020, whereby an application (13 A) filed by the plaintiff under Order 6 Rule 17 C.P.C. has been allowed.

3. The suit was filed by the opposite parties no. 1 and 2, who are father and mother of the petitioner no.1, for declaration of title. By amendment, the word 'title' in title of the plaint has been deleted, without altering the prayer made in the plaint for declaration of title and possession.

4. The plaintiffs have pleaded by way of amendment that the defendants, who are their son, daughter-in-law and grand son, ill treat them, for which reason the plaintiffs had divested them of all interest in the property. This amendment does not cause any irreparable injury to any of the parties.

5. For the aforesaid reason, the trial court has allowed the amendment application by the impugned order dated 11.4.2023. It is also recorded in the order passed by trial court that no objection has been filed in the amendment application. Civil Revision No. 6 of 2024 filed by the petitioners against the aforesaid order has been dismissed by means of a judgment and order dated 11.8.2025, passed by the learned Additional District Judge, Court No. 2, Lakhmpur Kher, wherein it is recorded that the amendment does change the nature of the Suit, dependents have not filed any objection of the amendment application and the trial court has not committed any error or illegality by allowing the amendment application.

6. Having gone through the record of the petition, I am of the considered view that both the courts below have passed orders on the basis of sound reasons. The learned counsel for the petitioners could not point out any error or illegality warranting interference in the impugned orders by this Court in exercise of its power under Article 226/227 of the Constitution of India.

7. The petition lacks merits and is hereby dismissed.

(Subhash Vidyarthi,J.)

December 1, 2025

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