IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N S SANJAY GOWDA WRIT PETITION NO.23902 OF 2015 (GM-CPC) & WRIT PETITION NO.27251 OF 2015 BETWEEN :
Mr. Joseph Lobo S/o late Jakku @ Jacob Lobo Aged about 64 years R/at Mairodi House, Kavoor Village, Mangaluru Dist D.K Taluk – 575 001.
(By Mr. Sandesh P. Nadiger, Advocate for Mr. G. Balakrishna Shastry, Advocate) AND:
Mohammed Basheer S/o Ismail Aged about 35 years R/at Gandhi Nagar Kavoor, Mangaluru Taluk – 575 001 D.K …..Petitioner ...…Respondent (By Mr. B.L. Acharya, Advocate) These writ petitions are filed under Article 227 of the Constitution of India praying to quash the order dated 04.04.2015 in O.S.No.860/2011 on the file of the Principal Civil Judge and JMFC at Mangaluru, D.K. vide Annx-A and the applications filed by the petitioner under order 6 Rule 17 of CPC be allowed as prayed for.
These writ petitions coming on for preliminary hearing in ‘B’ Group this day, the Court made the following:-
O R D E R The petitioner-plaintiff has filed the application for amendment of his plaint, by which, he sought to incorporate one paragraph i.e., paragraph No.8(a) and an additional prayer. By the said paragraph and prayer, the plaintiff wanted to contend that the defendant had illegally and high-handedly encroached upon the plaint ‘A’ schedule property on the northern side and constructed a compound wall on the northern side of the plaint ‘A’ schedule property and he was therefore constrained to seek additional prayer for permanent mandatory injunction.
2. In other words, the plaintiff wanted to incorporate an event which had occurred after institution of the suit and during the pendency of the suit.
3. In my view, the trial Court ought to have accepted the application and should have permitted the plaintiff to amend the plaint and incorporate the subsequent events. The Trial Court has committed an illegality in rejecting the application on the ground that the proposed amendment was not required to elucidate the real dispute between the parties.
Accordingly, writ petitions are allowed. The order passed by the trial Court is hereby set-aside. The application filed by the plaintiff under Order VI Rule 17 of CPC is allowed.
Petitioner/plaintiff to amend the plaint immediately.
Sd/- JUDGE nms