IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WRIT PETITION NO.56179/2018 (GM - CPC) BETWEEN:
SRI B. NAGARAJA S/O. BHEEMAPPA, AGED ABOUT 42 YEARS, R/AT NEAR LAKSHMI NARASIMHASWAMY TEMPLE, PAVAGAD ROAD, CHALLAKERE TOWN – 577 552, CHITRADURGA DISTRICT. ... PETITIONER (BY SRI PRABHUSWAMY H., ADVOCATE FOR SRI V.B. SIDDARAMAIAH, ADVOCATE) AND:
1. SMT. RATHNAMMA W/O. G.R. HEMANNA, AGED ABOUT 68 YEARS, 1ST CROSS, KATUKARA BEEDI, PAVAGAD ROAD, KASABA HOBLI, CHALLAKERE TOWN – 577 552, CHITRADURGA DISTRICT.
2. SRI G.R. HEMANNA S/O. LATE RANGAPPA, AGED ABOUT 71 YEARS, 1ST CROSS, KATUKARA BEEDI, PAVAGAD ROAD, KASABA HOBLI, CHALLAKERE TOWN – 577 552, CHITRADURGA DISTRICT.
3. SRI H. MARUTI S/O. G.R. HEMANNA, AGED ABOUT 40 YEARS, 1ST CROSS, KATUKARA BEEDI, PAVAGAD ROAD, KASABA HOBLI, CHALLAKERE TOWN – 577 552, CHITRADURGA DISTRICT.
PRESENTLY RESIDING AT:
NEW RANGANATH JEWELLERS, BEHIND MERCHANT BANK, 2ND CROSS, CHITRADURGA TOWN – 577 501, CHITRADURGA TALUK AND DISTRICT.
4. SMT. K. AMBIKA W/O. LATE RAGHU, AGED ABOUT 35 YEARS, 1ST CROSS, KATUKARA BEEDI, PAVAGAD ROAD, KASABA HOBLI CHALLAKERE TOWN – 577 552, CHITRADURGA DISTRICT.
PRESENTLY RESIDING AT:
NEW RANGANATH JEWELLERS, BEHIND MERCHANT BANK, 2ND CROSS, CHITRADURGA TOWN – 577 501, CHITRADURGA TALUK AND DISTRICT.
5. SMT. H. SHASHIKALA D/O. G.R. HEMANNA, AGED ABOUT 41 YEARS, 1ST CROSS, KATUKARA BEEDI, PAVAGAD ROAD, KASABA HOBLI, CHALLAKERE TOWN – 577 552, CHITRADURGA DISTRICT.
PRESENTLY RESIDING AT:
SREE RANGARAMA NILAYA, HIREMANGALURU TEMPLE ROAD, CHIKKAMANGALURU TALUK – 577 101, CHIKKAMANGALURU DISTRICT. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 06.12.2018 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND J.M.F.C., AT CHALLAKERE, IN O.S.NO.26/2018, PASSED ON I.A.NO.2, FILED BY THE PETITIONER FOR AMENDMENT OF PLAINT SCHEDULE, UNDER ORDER-6, RULE-17 R/W SECTION 151 OF CPC, VIDE ANNEXURE-E AND CONSEQUENTLY ALLOW THE I.A.NO.2 FILED BY THE PETITIONER VIDE ANNEXURE-C.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has challenged the order dated 06/12/2018, passed on I.A.No.2 in O.S.No.26/1018 on the file of the Court of Senior Civil Judge & JMFC at Challakere (“trial Court” for short), whereby the said I.A. filed by the petitioner has been rejected.
2. The petitioner has filed O.S.No.26/2018 before the trial Court seeking for the relief of specific performance of contract. In the said proceedings, I.A.No.2 had been filed by the petitioner seeking for amendment of the plaint. The amendment proposed inasmuch as the payment of Rs.3,00,000/- paid to the defendants in addition to the advance sale consideration of Rs.16,00,000/- on different dates has been rejected. It is the contention of the petitioner that very recently, while cleaning his house, he traced the challan with regard to payment of Rs.3,00,000/- made to the defendants, but inadvertently in the plaint, the payment made was mentioned as Rs.16,00,000/-. Indeed the entire amount of Rs.19,00,000/- towards the sale consideration has been paid by the plaintiff.
3. The said amendment of the pleadings sought for, by the petitioner is nothing but withdrawal of the admission as regards the balance amount of Rs.3,00,000/- liable to be paid by him towards the sale consideration pursuant to the agreement of sale dated 02/05/2015. Such an amendment if allowed would certainly prejudice the rights of the other side. Accordingly, no jurisdictional error is found in the order impugned.
4. Writ petition stands dismissed.
Sd/- JUDGE S*