IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR W.P.NO.8073/2017 (GM-CPC) BETWEEN:
1. VEERAMMA AGED ABOUT 77 YEARS W/O RUDRAPPA TALAGERI NO.2, KGS QUARTERS CRESCENT ROAD BANGALORE-560 001 REP. BY POWER OF HOLDER THE SECOND PETITIONER 2. VEERAPPA RUDRAPPA TALAGERI AGED ABOUT 57 YEARS MAJOR, S/O RUDRAPPA TALAGERI NO.2, KGS QUARTERS CRESCENT ROAD BANGALORE-560 001.
... PETITIONERS (BY SRI. KRISHNA B.S, ADVOCATE) AND:
1. SMT. SARASWATHI AGED ABOUT 47 YEARS D/O I.K. SUBBAIAH NO.2113, 14TH MAIN 9TH CROSS, KODI HALLI HAL III STAGE BANGALORE-560 008.
2. SRI I.S. GANAPATHI AGED ABOUT 43 YEARS S/O I.K. SUBBAIAH 316, 16TH CROSS I BLOCK, RT NAGAR BANGALORE-560 032.
... RESPONDENTS (BY SRI. SHANKAR REDDY C, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 25.11.2016 PASSED BY THE V ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-13) ON THE APPLICATION FILED UNDER ORDER 6 RULE 17 READ WITH SECTION 151 OF CPC, BY THE PETITIONER/DEFENDANT NOS. 1 & 2 IN O.S.NO.9833/2005 PRODUCED AT ANNEXURE-G.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R An application for amendment of written statement filed by the writ petitioner / defendant in O.S.No.9833/2005 having been dismissed by the trial Court vide order dated 25.11.2016, said order is assailed in the present writ petition.
2. A perusal of proposed amendment sought for before the trial Court would clearly indicate that it is purely question of law which was sought to be raised by way of plea in the written statement by incorporating paragraphs 18(a) and 18(b). Trial Court though has rejected the said amendment on the ground that it was at a belated stage and it would cause prejudice to the plaintiff, said order would not come in the way of writ petitioner raising said plea at the time of final arguments.
Subject to same, writ petition stands disposed of.
SD/- JUDGE DR