IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.6261 OF 2015 (GM-CPC) BETWEEN:
1. SMT CHOWDAMMA AGED ABOUT 70 YEARS W/O. LATE CHOWDAPPA 2. M.C.NAGESH AGED ABOUT 32 YEARS S/O LATE CHOWDAPPA 3. M C LEELAVATHI AGED ABOUT 26 YEARS D/O LATE CHOWDAPPA ALL ARE RESIDING AT MOTAGADAHALLI VILLAGE NANDAGUDI HOBLI HOSAKOTE TALUK BANGALORE RURAL DISTRICT-562114. ... PETITIONERS (BY SRI.M.V.CHANDRASHEKARA REDDY, ADV.,) AND:
SMT LAKSHMAIAH AGED ABOUT 67 YEARS R/NEAR ESI HOSPITAL NO.81/37, 12TH MAIN ROAD SHIVA NAGAR BANGALORE ... RESPONDENT (BY SRI. C.PRAKASH, ADV., ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING QUASH THE ORDER DTD.25.10.2014 AS PER ANNEX-A PASSED BY THE ADDITIONAL CIVIL JUDGE & JMFC AT HOSAKOTE IN O.S.NO.21/2003 DISMISSING THE APPLICATION FILED UNDER ORDER VI RULE 17 READ WITH SECTION 151 OF CPC SEEKING AMENDMENT OF THE PLAINT BY THE PETITIONERS/ PLAINTIFFS; CONSEQUENTLY, ALLOW THE APPLICATION FILED BY THE PLAINTIFFS/PETITIONERS UNDER ORDER VI RULE 17 READ WITH SECTION 151 OF CPC IN O.S.NO.21/2003 AS PER ANNEX-F AND PERMIT THEM TO PROSECUTE THE SUIT ON MERITS.
THIS PETITION COMING ON FOR PRELIMINMARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The parties having argued the matter for some time are broadly in agreement that this matter may be disposed off with no indulgence in the matter and with liberty to the petitioner to seek revival of the writ petition, if and when, petitioner succeeds in his R.F.A.No.535/2007 pending on the file of this Court.
Writ petition is disposed off accordingly.
Sd/- JUDGE Snb/