IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.25005/2019 (GM-CPC) BETWEEN CHANNAPPA, S/O LATE MUNISHAMAPPA, AGED ABOUT 73 YEARS, RESIDING AT CHANNAKESHAVAPURA VILLAGE, KASABA HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT – 563125.
…PETITIONER (BY SRI.SHIVANNA A.G, ADVOCATE) AND 1. RADHAKRISHNA, S/O LATE MUNISHAMAPPA, AGED ABOUT 46 YEARS, RESIDING AT CHANNAKESHAVAPURA VILLAGE, KASABA HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT – 563 125.
2. ANJINAPPA, S/O NARAYANAPPANAVARA MUNIYAPPA, AGED ABOUT 55 YEARS, RESIDIG AT CHANNAKESHAVAPURA VILLAGE, KASABA HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT – 563 125.
3. M.S.NARAYANASWAMY, S/O LATE SRIRAMAPPA, AGED ABOUT 65 YEARS, RESIDING AT NAYINDRAHALLI VILLAGE, KAIWARA HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT – 563 125.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ANNX-A, DTD.9.11.2018 MADE ON I.A.NO.1 IN R.A.NO.142/2016 PASSED BY THE COURT OF CIVIL JUDGE, (SR.DN.) & JMFC, AT CHINTHAMANI, CHIKKABALLAPURA DISTRICT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The impugned order rejecting the petitioner’s application in I.A.No.1 filed under Order VI Rule 17 of CPC, 1908 seeking leave of the court to amend the plaint cannot be faltered. However, the apprehension of the petitioner that the observations in this order may dilute his case in O.S.No.143/2017 is misplaced inasmuch as these observations being confined to disposal of the said application, cannot influence the trial and disposal of that suit in any way.
Writ Petition is accordingly disposed off.
cbc Sd/- JUDGE