IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.46558 OF 2019 (GM-CPC) BETWEEN:
1. BHEEMAIAH AGED ABOUT 47 YEARS 2. GANGAHANUMAIAH AGED ABOUT 44 YEARS 3. YOGESHA AGED ABOUT 40 YEARS PETITIONERS ARE SONS OF LATE VENKATARAMANAIAH AND ARE RESIDENT OF OLD POST OFFICE ROAD GANIGARA BEEDHI, KYATASANDRA TUMAKURU – 572 104 ... PETITIONERS (BY SRI RAJENDRA S., ADVOCATE) AND:
SURESH BABU S/O. LATE LAKSHMANA RAO AGED ABOUT 43 YEARS R/O. C/O. T.R.ANANDA RAO RAM KAMAL, UPSTAIRS 1ST CROSS, 1ST BLOCK KUVEMPUNAGAR TUMAKURU – 572 103 ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.08.2019 (ANNEXURE-F) PASSED BY THE COURT OF THE III ADDITIONAL SENIOR CIVIL JUDGE, TUMAKURU IN OS.NO.38/2012 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners being the defendants in a specific performance suit in O.S.No.38/2012, are invoking the writ jurisdiction of this Court for assailing the Order dated 22.08.2019, a copy whereof is at Annexure – F whereby the learned III Additional Senior Civil Judge, Tumakuru, having favoured the application filed by the respondent herein under Order VI Rule 17 of CPC, 1908, has granted leave to amend the plaint.
2. Having heard the learned counsel for the petitioners and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch as the petitioners have a deferred remedy in the sense that they can make the impugned order a ground for challenging the judgment and decree if and when made adverse to their interest, as provided under Section 105 read with Order 43 Rule 1A of CPC, 1908.
In the above circumstances, this writ petition is disposed off reserving liberty as mentioned above.
Sd/- JUDGE KTY