IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.51367/2016(GM-CPC) BETWEEN:
SRI. ANANDAPPA, S/O LATE SHAMANNA AGED ABOUT 55 YEARS R/A 8/4, 3RD A MAIN ROAD, 2ND STAGE, SHAMANNA LAYOUT G. G. PALYA, BENGALURU-560022 ... PETITIONER (BY SRI NAGARAJ DAMODAR, ADVOCATE) AND:
SRI. B. V. RAJU, S/O VENKATARANGAIAH AGED ABOUT 40 YEARS R/A NO.12/4, 4TH CROSS, SARASWATHIPURAM, NANDINI LAYOUT, BENGALURU-560096.
... RESPONDENT (BY SRI G. CHANDRASHEKARIAH, ADVOCATE) …… THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE IMPUGNED ORDER DATED 27.8.2016, PASSED BY THE HON'BLE VII ADDITIONAL CITY CIVIL JUDGE AT BENGALURU ON I.A.NO.2 FILED UNDER ORDER 6 RULE 17 OF CPC IN O.S.NO.5867/2014 VIDE ANNEXURE-K AND CONSEQUENTLY ALLOW SAID THE I.A.NO.2.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The plaintiff filed the present writ petition against the order dated 27.08.2016 made in O.S.No.5867/2014 dismissing I.A.No.2 filed by the plaintiff under Order VI Rule 17 of Code of Civil Procedure, for amendment of the plaint.
2. The plaintiff filed the suit for injunction contending that he is the owner of the property. The same was disputed by the defendant by filing written statement. The defendant also claimed ownership over the property.
3. When the matter was posted for framing of issues, at that stage, plaintiff filed an application under Order VI Rule 17 of Code of Civil Procedure seeking amendment of the plaint to insert paragraphs 11(a) to (d). The application was opposed by the defendant. The Trial Court, considering the application and objections, by the impugned Order dated 27.08.2016, dismissed the application. Hence the present writ petition is filed.
4. When the matter was posted for consideration of application for vacating the interim order, Sri G. Chandrashekharaiah, learned counsel for the sole defendant filed memo dated 21.03.2019 stating that he has no objection to allow the writ petition.
5. The Memo is placed on record.
6. Without adverting to the merits and demerits of the case, in view of the aforesaid submission made by the learned counsel for the respondent, writ petition is allowed. The impugned dated 27.08.2016 made in O.S.No.5867/2014 dismissing I.A.No.2 filed by the plaintiff under Order VI Rule 17 of Code of Civil Procedure, for amendment of the plaint, is hereby set- aside. I.A.No.2 filed by the plaintiff is allowed. Since the suit is of the year 2014 for injunction, the Trial Court is directed to expedite the suit itself, subject to cooperation of both the parties to the lis.
Sd/- JUDGE kcm