IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 17552 OF 2017 (GM-CPC) BETWEEN:
SRI. BASAVANNA S/O MADAPPA, AGED ABOUT 50 YEARS, R/O JANNUR VILLAGE, SANTHEMARAHALLI HOBLI, CHAMARAJANAGARA TALUK AND DISTRICT-571316.
… PETITIONER (BY SRI. NATARAJU T, ADVOCATE) AND:
SRI. SHIVACHANDRA S/O BASAVANNA, AGED ABOUT 24 YEARS, R/O JANNUR VILLAGE, SANTHEMARAHALLI HOBLI, CHAMARAJANAGARA TALUK AND DISTRICT-571316.
… RESPONDENT (BY SMT. ANUSHA ASUNDI, FOR SRI. A MADHUSUDHANA RAO, ADVOCATES) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.04.2017 PASSED ON I.A.24 IN O.S.123/2010 BY THE CIVIL JUDGE (JR.DN) AND JMFC YALANDURU VIDE ANNEX-F.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the defendant in a partition suit in O.S.No.123/2010 is invoking the writ jurisdiction of this Court for assailing the order dated 04.04.2017 a copy whereof is at Annexure-F whereby the learned Civil Judge, Junior Division, Yalanduru, has rejected his application n IA No.24 filed under Order VI Rule 17 read with Section 151 of CPC, 1908 seeking leave to amend the pleadings.
After service of notice, respondent-plaintiff has entered appearance through his counsel and resists the writ petition.
2. Having heard the learned counsel for the parties and having perused the writ petition papers, this Court declines to grant indulgence in the matter since the trial having been over, the matter is posted for arguments; the requirement of due diligence prescribed under the proviso to Order VI Rule 17 of CPC, also lacking, the impugned order cannot be faltered.
(3) This apart, the fact matrix on which the application for amendment was structured even prima- facie is not shown to exist by producing some material. The contention that there is an unregistered gift deed in respect of the subject property is bit difficult to accept this Court is not sure whether in respect of an immovable property involved in the suit, there could be an unregistered gift deed for conveying the title.
In the above circumstances, petition being devoid of merits, is dismissed.
No costs.
Sd/- JUDGE Bsv