IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P.NO.28587 OF 2019 (GM-CPC) BETWEEN:
SRI.VENKATEGOWDA, S/O LATE SANNEGOWDA, AGED ABOUT 56 YEARS, RESIDING AT KARIMUDDANAHALLI VILLAGE, BILIKERE HOBLI, HUNSUR TALUK, MYSORE DISTRICT-571189. ... PETITIONER (BY SRI.Y.K.NARAYANA SHARMA, ADVOCATE) AND:
1. SMT.SHIVAMMA, W/O LATE SANNEGOWDA, AGED ABOUT 75 YEARS, RESIDING AT KARIMUDDANAHALLI VILLAGE, BILIKERE HOBLI, HUNSUR TALUK, MYSORE DISTRICT-571189.
2. SMT.SHAILAJA, W/O SRI.VENKATESH, AGED ABOUT 52 YEARS, RESIDING AT VINAYAKANAGAR, MYSORE-570011.
ALSO C/O SMT.SHIVAMMA, RESIDING AT KARIMUDDANAHALLI VILLAGE, BILIKERE HOBLI, HUNSUR TALUK, MYSORE DISTRICT-571189.
3. SMT.MANJULA, W/O SRI.BOREGOWDA, AGED ABOUT 50 YEARS, RESIDING AT J.B.SARAGUR VILLAGE, SARAGUR POST, GOLLARA ROAD, H.D.KOTE TALUK-571121.
4. SMT.MANGALA, W/O SRI.NARAYANAMURTHY, AGED ABOUT 46 YEARS, MELUR VILLAGE, SALIGRAMA HOBLI, K.R.NAGARA TALUK, MYSORE DISTRICT-571604.
5. SMT.KUMUDHA, W/O SRI.KRISHNEGOWDA, AGED ABOUT 44 YEARS, RESIDING AT MANCHEGOWDANAHALLI, KOPPAL VILLAGE, MYSORE DISTRICT-571114. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 19.06.2019 AS PER ANNEXURE-F PASSED ON I.A.NO.7 IN O.S.13/2007 BEFORE COURT OF THE ADDITIONAL CIVIL JUDGE SENIOR DIVISION AND JMFC, HUNSUR, AND REJECT THE SAID APPLICATION FILED BY THE RESPONDENTS BY ALLOWING THIS WRIT PETITION WITH COSTS THROUGHOUT AND ETC.
THIS WRIT PETITION COMING ON PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner being the defendant in a partition suit filed by the respondents herein in O.S.No.13/2007 is knocking at the doors of this Court for laying a challenge to the order dated 19.06.2019, a copy whereof is at Annexure-F whereby, the learned Additional Civil Judge, Junior Division, Hunsur, has allowed the application filed by the respondent-plaintiffs in IA No.7 under Order VI Rule 17 of CPC, 1908 granting leave to amend the plaint.
Learned counsel for the petitioner having argued the matter for some time, now give up the challenge stating that liberty be reserved to him to file his Additional Written Statement and to lead his evidence to substantiate his claim by impeaching that of the other side. The stand of the petitioner is fair & reasonable; it is innocuous also.
In the above circumstances, this writ Petition is disposed off without granting indulgence, reserving the liberty as sought for.
However, it is needless to mention that it is open to the petitioner to file Additional Written Statement and accordingly to lead evidence in support thereof, all contentions of the parties having been left open.
Sd/- JUDGE Cbc/Bsv