IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.36861/2014 (GM-CPC) BETWEEN:
SRI BACHANNA S/O SAMPANNA AGED ABOUT 63 YEARS R/AT BOMMENAHALLI BIDARAHALLI HOBLI BANGALORE RURAL DISTRICT – 560 068 ... PETITIONER (BY SRI G.PAPI REDDY, ADVOCATE) AND:
RANGASWAMY S/O LATE NARAYANASWAMY AGED ABOUT 58 YEARS R/AT BOMMENAHALLI BIDARAHALLI HOBLI BANGALORE RURAL DISTRICT – 560 068 ... RESPONDENT (BY SRI M.V.CHANDRASHEKAR REDDY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 07.07.2014 (ANNEXURE-J) PASSED BY THE COURT OF THE ADDITIONAL CIVIL JUDGE AND JMFC, HOSAKOTE IN O.S.NO.51/2009.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R H.G.RAMESH, J. (Oral):
1. This writ petition is by the plaintiff and is directed against an interlocutory order dated 07.07.2014 whereby the trial Court has allowed the application filed by the respondent-defendant for amendment of his written statement in the suit in O.S.No.51/2009.
2. I have heard the learned Counsel for the parties and perused the record.
3. Nowhere in the order, the trial Court has examined as to whether the amendment sought for was necessary for proper adjudication of the dispute between the parties. Hence, the matter requires to be reconsidered by the trial Court. Accordingly, I make the following order:
The impugned order dated 07.07.2014 is set aside. The matter is remitted to the trial Court for reconsideration in accordance with law. All contentions of both the parties are kept open.
Petition disposed of.
Sd/- JUDGE LB