IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.30131 OF 2019 (GM-CPC) BETWEEN:
SMT.P.D.RAO W/O.D.J.N.RAO AGED ABOUT 68 YEARS R/AT NO.53, 4TH MAIN CHINNAPPA GARDEN BENSON TOWN BENGALURU-560 046 … PETITIONER (BY SRI GURUDEV PRASAD K.T., ADVOCATE) AND:
1. SMT.KUMARI KAMALA W/O.B.R.KRISHNA MURTHY AGED ABOUT 66 YEARS R/AT NO.5748, PORT CONCORDE LANE, ORLAND FLORIDA-32829, USA REP. BY HER GPA HOLDER B.K.VINOD KUMAR S/O.B.R.KRISHNAMURTHY AGED ABOUT 48 YEARS R/AT NO.324, 5TH ‘A’ MAIN ROAD 2ND STAGE, REMCO LAYOUT VIJAYANAGAR BENGALURU-560 040 2. SRI B.C.SHANKAR S/O.T.CHANNAPPA AGED ABOUT 65 YEARS R/AT NO.33, 1ST ‘C’ MAIN ROAD 6TH CROSS, SHIVANAGAR RAJAJINAGAR BENGALURU-560 010 … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 04.06.2019 (ANNEXURE-M) PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE, NELAMANGALA, BENGALURU RURAL DISTRICT, BENGALURU IN OS.NO.974/2009 ON IA.NO.9 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the first defendant in a declarative suit filed by the respondent – plaintiff in O.S.No.1830/2007, later renumbered as O.S.No.974/2009 is invoking the writ jurisdiction of this court for assailing the order dated 04.06.2019, a copy whereof is at Annexure-M whereby, his application filed under Order VI Rule 17 of CPC, 1908 seeking leave to amend the Written Statement has been disfavoured by the learned Additional Senior Civil Judge, Nelamangala.
2. Having heard the learned counsel for the petitioners and having perused the petition papers, this Court declines to interfere in the matter because:
a) the suit is of the year 2007 as originally filed, the Written Statement has been filed on 03.10.2017 i.e., nearly after the institution of the suit; the application for amendment has been filed only on 11.02.2019 i.e., almost twelve years after the filing of the suit that too the trial of the suit having commenced; and, b) the application suffers from lack of bona fide and also from laches that are not well explained in the affidavit accompanying the same; it is a settled legal position by the decision of the Apex Court in the case of CHAKRESHWARI CONSTRUCTION PRIVATE LIMITED VS. MANOHAR LAL (2017) 5 SCC 212.
In view of the above, this writ petition is rejected in limine.
However, this order shall not come in the way of petitioner filing any other suit on the basis of the cause of action on which the amendment was sought for.
Sd/- JUDGE KTY/Bsv