IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH , 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.12991/2019(GM-CPC) BETWEEN:
SRI. G. RAMESH S/O LATE GOPAL REDDY AGED ABOUT 46 YEARS RESIDING AT 5TH CROSS, MUNESHWARA LAYOUT, HARALUKUNTE VILLAGE, BEGUR HOBLI BANGALORE SOUTH TLAUK BANGALORE-560068.
... PETITIONER (BY SRI ARVIND B. REDDY, ADVOCATE) AND:
1. SMT. MUNILAKSHMAMMA W/O SRI SARAKKI VENKATAPPA AGED ABOUT 78 YEARS 2. SRI RANGARAJ V S/O SRI SARAKKI VENKATAPPA AGED ABOUT 60 YEARS BOTH ARE RESIDING AT NO.23 & 24, JAYAPPA PLOT NEAR KALANIKETHAN SCHOOL KUDLU VILLAGE, SARJAPURA HOBLI MADIVALA POST, BANGALORE-68.
... RESPONDENTS **** THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19TH FEBRUARY 2019 PASSED BY THE XX ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE IN O.S.NO.5903/2014 IN ALLOWING THE I.A. NO.7 FILED BY THE RESPONDENTS UNDER ORDER VI RULE 17 OF THE CPC VIDE ANNEXURE-'A'.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R It is unfortunate that the petitioner - defendant filed the present writ petition against the order dated 19.2.2019 allowing I.A. No.7 filed by the respondents – plaintiffs under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the plaint with the consent given by the learned counsel for the defendant that he has no objection to allow I.A. No.7.
2. Inspite of giving consent before the trial Court, the petitioner – defendant filed the present writ petition stating that the counsel for the defendant has not given consent or no objection to allow I.A. No.7. It is nothing but to drag on the matter and to abuse the process of the Court. The petitioner has not made out any ground to interfere with the impugned order in exercise of the powers under Article 227 of the Constitution of India.
Accordingly, the writ petition is dismissed.
Sd/-
JUDGE Gss/-