IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR WRIT PETITION No.2234 OF 2019 (GM-CPC) BETWEEN 1. The East Point Group of Institutions, No.147, Virgonagar Post, Off Old Madras Road, Bengaluru-560049.
2. M.G.Charitable Trust, Having its office at No.147, Virgonagar Post, Off Old Madras Road, Bengaluru-560049.
Both Rept by its Chairman S.M.Venkatpathi, Since dead by his LRs.
a) Sri. S.V.Pramod, S/o. Sri. S.M.Venkatpathi, Aged about 38 years, b) Sri. S.V.Rajiv, S/o. Sri. S.M.Venkatpathi, Aged about 35 years, (By Sri. N.Thimmegowda, Advocate) …Petitioners AND Sri. H.T.Muniraju, S/o. Late Thammaiah, Aged about 50 years, R/at. Hirandahalli Village, Bidarahalli Hobli, Virgonagar Post-560049 Bengaluru East Taluk.
(By Sri. K.H.Thimmaiah, Advocate for C/R) …Respondent This Writ Petition is filed under article 227 of the Constitution of India, praying to quash the order dated 11.12.2018 passed on I.A. under Order 6 Rule 17 of CPC filed on 13.06.2017 in O.S.No.571/2010 on the file of the IV Additional Senior Civil Judge, Bengaluru Rural District, at Bengaluru under Annexure-E.
This Writ Petition coming on for preliminary hearing, this day, the Court made the following :
ORDER Heard the petitioners’ counsel and the respondent’s counsel. The plaintiff has sought an amendment to the plaint by filing an application under Order VI Rule 17 CPC for incorporating the paragraphs 14(a) and 14(b) and consequently to seek a declaration with regard to his right of easement over ‘C’ schedule property. The trial court allowed the said application making it very clear that the amendment comes into force from the date of application and does not relate back to the date of filing of the suit. Now also the learned counsel for the petitioners submits the amendment has been sought after lapse of seven years and the trial court should not have granted amendment having regard to the question of limitation. Since the trial court has made it very clear that the amendment comes into effect from the date of application, the interest of the petitioner is not affected in any way. Question of limitation is kept open. Therefore there is no merit in this writ petition. It is dismissed.
Sd/- JUDGE sd