IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.42035 OF 2017 (GM CPC) BETWEEN:
1. Mr.Pritham Basappa, Aged about 54 years, S/o D.Chennabasappa, Presently residing at “Doddamane”, Apartment No.302, III Floor, No.19/1., Vittal Mallya Road, Bangalore-560 001.
2. The Kumar Siddanna Trust, A registered Trust having, Its office at “Doddamane”, Apartment No. 302, III Floor, No.19/1, Vittal Mallya Road, Bangalore-560 001.
Represented herein by its Trustees: Mr. Pritham Basappa.
3. Mrs.Padma Kumar Siddanna, Aged about 78 years, W/o D.Kumar Siddanna, Presently residing at “Doddamane”, Apartment No. 301, III Floor, No.19/1, Vittal Mallya Road, Bangalore-560 001.
4. Miss.Upasti Basappa, Aged about 20 years, D/o D.Pritham Basappa, Presently residing at “Doddamane”, Apartment No. 302, III Floor, No.19/1, Vittal Mallya Road, Bangalore-560 001.
5. Mr.Kabir Mehmood, Aged about 26 years, S/o Shahid Mehmood, Presently residing at Brewery House, No.3, Vittal Mallya Road, Bangalore-560 001.
6. Ms.Laila Mehmood, Aged about 30 years, Daugher of Shahid Mehmood, Presently residing at Brewery House, No.3, Vittal Mallaya Road, Bangalore-560 001.
(Petitioner Nos.3 to 6 are represented by their Power of Attorney Holder Mr.Pritham Basappa) ... Petitioners (By Sri. Rajendra, Advocate for Maya Holla, Advocate ) AND:
1. Mrs.Sunitha Kumar Siddanna, Aged about 50 years, W/o M.S.Shashidhar, D/o D.Kumar Siddanna, Presently residing at “Isha Villa” Apartment No.201, II Floor, #55/1, Lavelle Road, Bangalore-560 001.
2. Mr.D.Anand Basappa, Aged about 56 years, S/o Late D.Basappa, Presently residing at No.35, Crescent Road, Bangalore-560 001.
3. Mr.D.Vinod Sivappa, Aged 56 years, S/o Late D.Sivappa, Presently residing at No.4, Lavelle Road, 1st Cross, Bangalore-560 001.
4. Mr.Gautam Basappa, Aged 50 years, S/o Lt.Col.D.Chikkabasappa, Presently residing at No.12, Cunnigham Road, Bangalore 560 052.
5. Mr.Sanjeev Basappa, Aged 48 years, S/o Lt.Col.D.Chikkabasappa, Presently residing at No.12, Cunningham Road, Bangalore 560 052.
6. Mrs.Lalitha Chikkanna, Aged 85 years, W/o Late D.Chikkanna, Presently residing at No.39, Lavelle Road, VII Cross, Bangalore-560 001. … Respondents This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the order dated 18.01.2017 at Annex-E passed by the Hon’ble XXVI Additional City Civil Judge, Mayo Hall, Bangalore in O.S.25784/2013 on the application filed under order VI rule 17 of CPC, 1908 and consequently dismiss the said application filed by the R-1 under Order VI Rule 17 of the CPC 1908.
This Petition coming on for Preliminary hearing this day, the court made the following:
ORDER The present petition is filed against the impugned order dated 18.01.2017 on IA filed under Order VI Rule 17 of Code of Civil Procedure made in O.S.No.25784/2013 pending on the file of XXVI Additional City Civil Judge, Mayo Hall, Bangalore allowing the application filed by the plaintiff for amendment of plaint.
2. After arguing the matter for some time, Sri.Rajendra, learned counsel for the petitioner- defendant submits that if the Trial Court is directed to expedite the matter, the petitioners will be satisfied and they will not press for challenging the order passed by the trial Court allowing the application for amendment. His submission is placed on record.
3. Taking into consideration that the suit was filed in the year 2013 for declaration and partition and we are in 2017, learned counsel for the petitioners submits that they will file additional written statement immediately on or before the next date of hearing. His submission is placed on record.
4. The trial Court is directed to expedite the suit subject to cooperation between the parties.
Accordingly, writ petition stands disposed of.
Sd/- JUDGE SB