IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.26759 OF 2018 (GM-CPC) BETWEEN:
1. RAMESH S/O. LATE NINGAIAH, GRANDSON OF CHALUVAIAH, AGED 42 YEARS, 2. VYRAMUDI, S/O. LATE CHALUVAIAH, AGED 78 YEARS, 3. SHIVALINGAIAH, S/O. LATE CHALUVAIAH, AGED 64 YEARS, ALL ARE R/AT NO.35/3471, TROOP LINE WARD NO.20, RAMANAGAR TOWN, RAMANAGAR DISTRICT-571511.
… PETITIONERS (BY SRI. THIMMARAYAPPA D.C. ADVOCATE - ABSENT) AND:
VENKATAPPA, S/O. LATE HONNAIAH, AGE 63 YEARS, NO.3573, TROUPLINE RAMNAGAR TOWN, RAMNAGAR DISTRICT-571511.
… RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 30.05.2018 PASSED BY THE HON’BLE ADDITIONAL SENIOR CIVIL JUDGE AT RAMANAGAR ON IA NO.3 FILED BY THE PLAINTIFF UNDER ORDER 6 RULE 17 OF CODE OF CIVIL PROCEDURE IN O.S.NO.162/2016 AS PER ANNEXURE-Q.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioners even when the matters are taken up in the second round. Perused the records.
2. In this writ petition under Article 227 of the Constitution of India, petitioners inter alia have assailed the validity of the order dated 30.05.2018 passed by the Trial Court, by which application for amendment filed by the plaintiff has been allowed.
3. Writ Petition is pending before this Court since 2018, in which no interim order has been passed. In compliance of the aforesaid order, petitioners must have consequently filed application for amendment of the written statement. Therefore, at this point of time, prima facie nothing survives for adjudication in this writ petition. Hence, writ petition is disposed of with liberty to the petitioners that in case, they feel aggrieved, they shall be at liberty to challenge the impugned order dated 30.05.2018 in appeal, if occasion so arises.
With the aforesaid liberty, writ petition stands disposed of.
Sd/- JUDGE PKS