IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.31560/2019 (GM-CPC) BETWEEN SHRI. A. RAMAKRISHNA, S/O ANJANEYACHAR, AGED ABOUT 45 YEARS, RESIDING AT NO.33, OPP. SRIRAMA TEMPLE, BYATARAYANAPURA, BANGALORE-BELLARY ROAD, BANGALORE-560092. ... PETITIONER (BY SRI.CHANDAN, ADVOCATE) AND 1. SMT. FATHIMAJAN, W/O SALAMATHULLAH QURESHI, AGED ABOUT 80 YEARS, RESIDING AT NO.803, 13TH A MAIN, YELAHANKA NEW TOWN, BANGALORE-560064.
2. SMT. NANJAMMA, W/O LATE MUNISHAMAPPA, AGED ABOUT MAJOR, RESIDING AT MAHESHWARINAGARA, B.B. ROAD, YELAHANKA TOWN, BANGALORE-560064.
3. SHRI. M. NAGARAJU, S/O LATE MUNISHAMAPPA, AGED ABOUT MAJOR, RESIDING AT MAHESHWARINAGARA, B.B. ROAD, YELAHANKA TOWN, BANGALORE-560064.
4. SHRI. M. KRISHNAPPA, S/O LATE MUNISHAMAPPA, AGED ABOUT MAJOR, RESIDING AT MAHESHWARINAGARA, B.B. ROAD, YELAHANKA TOWN, BANGALORE-560064.
5. SHRI. M. NARAYANA, S/O LATE MUNISHAMAPPA, AGED ABOUT MAJOR, RESIDING AT MAHESHWARINAGARA, B.B. ROAD, YELAHANKA TOWN, BANGALORE-560064. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING FOR QUASHING THE IMPUGNED ORDER DATED 24.08.2018 WHICH IS ANNEXED AS ANNEXURE-A TO THIS WRIT PETITION, PASSED BY THE LEARNED XXXIV ADDITIONAL CITY CIVIL JUDGE AT BANGALORE [CCH-35] IN O.S.NO.4744 OF 2008 ON APPLICATION FILED BY PLAINTIFF/R-1 UNDER ORDER 6 RULE 17 R/W SECTION 151 OF CPC IN O.S.NO.4744 OF 2008 WHICH APPLICATION IS ANNEXED AS ANNEXURE-M TO THIS WRIT PETITION AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the 5th defendant in an injunctive suit filed by the 1st respondent in O.S.No.4744/2008, is invoking the writ jurisdiction of this Court for assailing the order dated 24.08.2018, a copy whereof is at Annexure – A, whereby the learned XXXIV Addl. City Civil Judge, Bangalore, having allowed respondent/plaintiff’s application filed under Order VI Rule 17 r/w Section 151 of CPC, has granted leave to amend the plaint metamorphising the said suit into the one for a decree of specific performance.
2. Having heard the learned counsel for the petitioner and having perused the Petition papers, this court declines to grant indulgence at this stage since the impugned order granting leave to amend the pleadings can be made a ground for assailing the judgment & decree if and when suffered by the petitioner, as provided under Section 105 r/w Order XLIII Rule 1A of CPC, 1908.
Ordered accordingly.
Sd/- JUDGE cbc